(a)

This section shall apply to all residential zones, R-1, R-2, R-3, R-4, R-5 and R-6, and to commercial zone C-1.

(b)

Limitation of external uses in such zones shall be as follows. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the following limitations:

(1)

No highly flammable or explosive liquids, solids or gasses shall be stored on any lot, except as required directly for and as part of any heating devices or appliances, on the same lot.

(2)

All outdoor storage facilities for fuel, raw materials and products permitted as a part of a dwelling or C-1 commercial use shall be enclosed by a fence, wall or screen adequate to conceal such facilities from adjacent property.

(3)

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by normal, natural causes or forces.

(4)

All materials or wastes incidental to any permitted or legal nonconforming use which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents or insects, shall be stored outdoors only in closed containers.

(Ord. No. 3171, § 701.2, 3-26-62)

(a)

Permitted encroachments on setback spaces in residential zones R-1, R-2, R-3, R-4, R-5 and R-6, and commercial zone C-1, are as provided in subsection (b) of this section.

(b)

Cornices, eaves, gutters, stoops, steps, belt courses, sills, lintels and contrivances attached to the structures but not having contact with the ground, for the purposes of controlling sunlight entering the building, may project not more than 2½ feet into any setback space and shall not be considered a violation of the required setback.

(Ord. No. 3171, § 701.5, 3-26-62)

Where the owners of any property wish to construct a fallout or air raid shelter for the protection of persons living within a permitted structure, the shelter being above ground or below ground, they should present a sketch of the proposed shelter to the planning commission staff for their approval, and, for the purposes of these regulations, such shelters shall not be considered in violation of lot coverage, or rear yard setbacks. In all other cases, proposals for fallout or air raid shelters shall be submitted to the planning commission for their approval, with a request for variance of any regulation, setback or other requirement of these regulations, and each such presentation shall be considered on its merits, in the light of the purpose and intent of these regulations, except that required side yards may be encroached upon by underground shelters to a minimum of two feet from side lot lines. All entryways or appurtenances thereto, except approved vent pipes which pierce the ground surface, must be in compliance with the required setback spaces.

(Ord. No. 3171, § 701.6, 3-26-62)

In residential zones R-2, R-3, R-4, R-5, R-6, and other zones as provided in this chapter, all home occupations operated in a single-unit dwelling shall be considered a single unit which unit may be operated only if it complies with all of the following conditions:

(1)

Is operated in its entirety within the single-unit dwelling and only by the person or persons maintaining a dwelling therein.

(2)

Does not have a separate entrance from outside the building.

(3)

Does not display or create outside the building any external evidence of the operation of the home occupation, except, for each street front of the lot on which the building is located, one unanimated, flat sign having a displayed surface area of not more than two square feet giving notice of the service offered, but not advertising any product.

(4)

Does not utilize more than 20 percent of the gross floor area, but not to exceed 300 square feet, in the single-unit dwelling; provided, however, that this limitation shall not apply to foster family care.

(5)

Does not have any employees or regular assistants not residents in the single-unit dwelling.

(6)

Is limited to the use of electric motors for power with a total limitation of three horsepower for all motors.

(Ord. No. 3171, § 701.3, 3-26-62)

(a)

Applicability. This section shall apply to residential zones R-1, R-2, R-3, R-4, R-5 and R-6.

(b)

Exceptions to lot width and area requirements. On a lot of record shown on a plat or deed recorded prior to March 26, 1962, or where the lot is adjoined on both sides with lots with structures thereon or on a lot adjoined on one side by a street and on the other by a lot with a structure thereon, the minimum lot width at the building line and minimum lot area may be waived by the planning commission staff, providing that the intended structure is in full compliance with all other requirements of this chapter. In no case, however, shall a lot width of less than 40 feet be permitted or a lot area of less than 4,800 square feet be permitted, except in an R-5 area a lot width of not less than 20 feet and a lot area of not less than 2,500 square feet may be permitted when utilized for terrace or row housing.

(c)

Exceptions to setback requirements. Where lots comprising 40 percent or more of the frontage of any block have structures thereon having an average front yard with a variation in depth of not more than 16 feet, no building hereafter erected or structurally altered shall project beyond the average front yard setback thus established, provided further that this regulation shall not be interpreted as to require a front yard of more than 75 feet, and provided further that in case of a subdivision approved by the city planning commission with a front building line less than that required by zones R-1, R-2, R-3, R-4, R-5 and R-6 then the requirements of zones R-1, R-2, R-3, R-4, R-5 and R-6 shall be waived and said recorded building line shall be accepted.

(Ord. No. 3171, § 701.4, 3-26-62)

(a)

Notwithstanding anything to the contrary in this chapter or in the subdivision regulations, one structure may be built on more than one lot without the necessity of a replat of lot boundary lines and in such circumstances as to waive the setback requirements as they pertain to the interior lot lines. No such waiver or replat is valid without prior planning commission approval.

(b)

The provisions of subsection (a) of this section only apply to the R-1, R-2 and R-3 districts.

(Ord. No. 5034, §§ 1—3, 12-10-79; Ord. No. 5572, §§ 1—4, 9-26-83)

(a)

Description of district. The R-0 single-family medium-density district is composed of single-family medium-density areas of the city, plus certain open areas where similar residential developments appear likely to occur. The regulations for this district are designated to encourage controlled medium-density single-family dwellings at prices affordable to a large percentage of the area's population. The regulations are also provided to stabilize and protect the essential characteristics of the district and to promote orderly planning and development of land uses by prohibiting all activities of a commercial nature in this district, except certain prescribed home occupations controlled by specific regulations, plus certain uses which are adjunct to residential areas, such as schools, parks, churches and certain public facilities.

(b)

Limitation of external uses in such zones shall be as follows. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied by only one principal structure which shall be a single-family dwelling unit or other permitted use structure, and such accessory buildings as are clearly incidental and normal to the permitted use and operated and maintained by the owner of the lot; provided, however, that no accessory building shall be a residence.

(d)

Permitted uses. In the R-0 district only those uses specified under R-6 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted, providing they comply fully with the limitations on home occupations as specified in the general regulations (section 118-191):

(1)

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

(2)

Laundering and pressing.

(3)

Office (any office in which goods, wares or merchandise are not created, exchanged or sold).

(4)

Tutoring (not more than four students at a time).

(5)

Fine arts studio in which are created only individual works of art.

(e)

Dimensional requirements. The lot for each residential structure shall comply with the following dimensional requirements:

(1)

Minimum lot width. Each interior lot shall be not less than 40 feet wide at the front building line.

(2)

Corner lot. Each structure located on a corner lot must provide for a side street building line setback of 15 feet. (In clarification, this may require some corner lots to have frontage wider than the 40-foot minimum to accommodate the required side street building line setback and the ten-foot separation between residential structures.)

(3)

Lot area. The lot area shall not be less 4,000 square feet and shall provide not less than 50 percent of the lot as unobstructed open space.

(4)

Minimum front yard. All structures shall be set back a distance of not less than 30 feet from the front property line on residential and collector roadways. A setback of 35 feet is required on minor arterials and 40 feet on principal arterials or other classifications.

(5)

Minimum side yards. Only one side yard is required on each lot. The minimum required side yard width shall not be less than ten feet; except that any side yard abutting a street (the side building line) shall be at least 15 feet in width.

(6)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(7)

Maximum height. No building shall exceed 2½ stories or 35 feet in height.

(8)

Maximum size of accessory buildings. The dimension of all accessory buildings shall not exceed 150 square feet.

(9)

Location of accessory buildings. No accessory building shall be located on any required front or side yard, or within five feet of any lot line. Fences up to 96 inches in height may be erected along any boundary of the side yard or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have board of adjustment approval as to location, height, material and construction.

(10)

Minimum size of dwelling unit. The minimum size (gross floor area) of single-family dwelling units shall not be less than 600 square feet of interior heated and cooled living space.

(11)

Off-street parking. Each dwelling unit shall provide at least two off-street paved parking spaces. (This requirement is recognized as being more restrictive and greater than the requirements listed in section 118-311, Off-street parking requirements.)

(12)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated fixtures thereto shall be permitted within this area.

(13)

Maintenance easement. A five-foot maintenance easement is required on the abutting lot to the zero lot side.

(14)

Encroachments. No encroachment (eaves or otherwise) shall be allowed across the zero lot line side onto abutting lots.

(f)

Amendments to Control of Development/Subdivision Regulations. The regulations presented in the R-0 zone require several amendments to the Control of Development/Subdivision Regulations as follows:

(1)

The zero lot line residential lots description in the Control of Development and Subdivision Regulations section 7.13.2.2 is revised to state that such lots shall be not less than 40 feet rather than the current 50 feet.

(2)

Section 7.13.7 requiring a 75-foot width on corner lots is revised adding the following sentence: "R-0 zones allow corner lots requiring a 15-foot side street setback."

(g)

Additional clarification. This chapter includes R-5 as row house developments with 20-foot wide lots. The proposed R-0 zero lot line zone allows residential structures abutting one side property line only.

(Ord. No. 3171, § 702.1-6, 3-26-62; Ord. No. 6378, § 1, 11-13-78)

(a)

Description of district. The R-1 single-family district is composed exclusively of single-family low-density residential areas plus certain open areas where similar residential developments appear likely to occur. The regulations for the R-1 district are designated to promote and encourage a suitable environment for family life, and to promote orderly planning and development of land uses by prohibiting all activities of a commercial nature in this district. Public and private parks and schools are permitted within the district provided that they serve the residents of the district and further provided that they are a part of a planned development unit approved by the planning commission. Home occupations listed below are permitted (subsection (d) of this section).

(b)

Limitations of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitations of external uses outlined in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied only by one single-family dwelling structure and such accessory buildings as are clearly incidental and normal and operated and maintained by the owner of the lot, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the R-1 district only those uses specified under R-1 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted providing that they comply fully with the limitations on home occupations as specified in the general regulations (section 118-191):

(1)

Foster family home (not more than four children simultaneously).

(2)

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold.)

(3)

Tutoring (not more than four students simultaneously.)

(e)

Dimensional requirements. The lot for each structure shall comply with the following dimensional area requirements:

(1)

Lot width. Each lot shall be not less than 60 feet wide at the front building line.

(2)

Lot area. The lot area shall be not less than 7,200 square feet, and shall provide not less than 50 percent of the lot area as unobstructed open space.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is greater.

(4)

Minimum yards. There shall be two side yards to each lot; the minimum required side yard shall be not less than ten percent of the width at the front building line, but in no case shall it be less than six feet, with eight feet the maximum required, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons. However, in those instances where lot size would mandate the maximum side yard setbacks, the landowner may elect to reduce the size of one side yard, provided the other side yard is increased by the same amount and provided, further, that the reduced side yard meets the minimum size requirement set forth hereinabove.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed 2½ stories or 35 feet in height.

(7)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-unit dwelling. Each single-unit dwelling shall contain a gross floor area of not less than 800 square feet, excluding porches, steps and carports.

(9)

Off-street parking. Each single-family lot shall provide at least one off-street parking space. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in the R-1 district.

(10)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line adjoining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-1, 3-26-62; Ord. No. 3297, § 1, 5-27-63; Ord. No. 6349, § 1, 8-14-89)

(a)

Description of district. The R-2 single-family district is composed of single-family low-density residential areas of the city, plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designated to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life, and to promote orderly planning and development of land uses by prohibiting all activities of a commercial nature in this district. Public and private parks and schools are permitted within the district provided that they serve the residents of the district and further provided that they are a part of a planned development unit approved by the planning commission. Home occupations listed below are permitted (subsection (d) of this section).

(b)

Limitation of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied only by one single-family dwelling structure and such accessory buildings as are clearly incidental and normal and operated and maintained by the owner of the lot, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the R-2 district only those uses specified under R-2 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted providing that they comply fully with the limitations on home occupations as specified in the general regulations (section 118-191):

(1)

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

(2)

Foster family home (not more than four children simultaneously).

(3)

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold).

(4)

Tutoring (not more than four students simultaneously).

(5)

Fine arts studio in which are created only individual works of art.

(e)

Dimensional requirements. The lot for each structure shall comply with the following dimensional area requirements:

(1)

Lot area. The lot area shall be not less than 7,200 square feet, and shall provide not less than 50 percent of the lot area as unobstructed open space.

(2)

Lot width. Each lot shall be not less than 60 feet wide at the front building line.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is the greater.

(4)

Minimum side yards. There shall be two side yards to each lot; the minimum required side yard shall be not less than ten percent of the width at the front building line, but in no case shall it be less than six feet, with eight feet the maximum required, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other purposes. However, in those instances where lot size would mandate the maximum side yard setbacks, the landowner may elect to reduce the size of one side yard, provided the other side yard is increased by the same amount and provided, further, that the reduced side yard meets the minimum size requirement set forth hereinabove.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed 2½ stories or 35 feet in height.

(7)

Location of accessory buildings. No accessory building shall be located on any required front or side yard or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-unit dwelling. Each single-unit dwelling shall contain a gross floor area of not less than 700 square feet, excluding porches, steps and carports.

(f)

Off-street parking. Each single-family lot shall provide at least one off-street parking space. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-2, 3-26-62; Ord. No. 6349, § 1, 8-14-89)

(a)

Description of district. The R-3 district is composed mainly of areas containing single- and two-family dwellings plus certain open areas of the city where similar development appears likely to occur. It is intended for quiet, low-density family living, with a good environment for bringing up children, and to prohibit all commercial activities except certain prescribed home occupations controlled by specific regulations, plus certain uses which are adjunct to residential areas, such as schools, parks, churches and certain public facilities.

(b)

Limitation of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied by only one principal structure which may be a single- or a two-family dwelling structure or other permitted use structure, and such accessory buildings as are clearly incidental and normal and are operated and maintained by the owner of the lot, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the R-3 district only those uses specified under R-3 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted providing they comply fully with the limitations on home occupations as specified in the general regulations (section 118-191):

(1)

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

(2)

Laundering, pressing.

(3)

Foster family home (not more than four children simultaneously).

(4)

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold).

(5)

Fine arts studio in which are created only individual works of art.

(6)

Tutoring (not more than four students simultaneously).

(7)

Rooming or boarding of not more than two persons.

(e)

Dimensional requirements. The lot for each structure shall comply with the following dimensional area requirements:

(1)

Lot width. Each lot shall be not less than 60 feet wide at the front building line.

(2)

Lot area. The lot area for a single-family structure shall be not less than 7,200 square feet, and the lot area for a two-family structure shall be not less than 3,500 square feet per family and in both cases shall provide not less than 50 percent of the lot area as unobstructed open space.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is the greater.

(4)

Minimum side yards. There shall be two side yards to each lot; the minimum required side yard shall be not less than ten percent of the width at the front building line, but in no case shall it be less than six feet, with eight feet the maximum required, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons. However, in those instances where lot size would mandate the maximum side yard setbacks, the landowner may elect to reduce the size of one side yard, provided the other side yard is increased by the same amount and provided, further, that the reduced side yard meets the minimum size requirement set forth hereinabove.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed 2½ stories or 35 feet in height.

(7)

Location of accessory buildings. No accessory building shall be located on any required front or side yard or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-unit dwelling. Each single-unit dwelling shall contain a gross floor area of not less than 600 square feet, excluding porches, steps and carports.

(f)

Off-street parking. Each dwelling unit shall provide at least one off-street parking space. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-3, 3-26-62; Ord. No. 6349, § 1, 8-14-69)

(a)

Description of district. The R-4 multifamily district is composed of multifamily or apartment residences, but includes single- and two-family structures plus certain open areas of the city where such residential development is likely to occur. The regulations for this district are designed to protect the residential character of the areas by prohibiting commercial uses, to promote a neighborhood environment suitable for family life, and to maintain openness to areas. Certain prescribed home occupations are permitted, plus certain uses which are adjunct to residential areas, such as schools, parks, churches and certain public and quasipublic facilities.

(b)

Limitation of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied by only one principal structure, which may be a multifamily, two-family or single-family dwelling structure or other permitted use structures and such accessory buildings as are clearly incidental and normal and are operated and maintained by the owner of the lot, provided, however, that it shall not be a residence.

(d)

Permitted uses.

(1)

In the R-4 district only those uses specified under R-4 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted providing they comply with the limitations on home occupations as specified in the general regulations (section 118-191):

a.

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

b.

Laundering, pressing.

c.

Foster family home (not more than four children simultaneously).

d.

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold).

e.

Tutoring (not more than four students simultaneously).

f.

Fine arts studio in which are created only individual works of art.

(2)

Residential condominiums shall be constructed and operated pursuant to the Horizontal Property Act (A.C.A. § 18-13-101 et seq.). Architectural plans, including elevations, site plans and landscape plans shall be as approved by the planning commission. No major changes in the location of buildings, elevations, drainage, streets or setbacks as shown on the approved plans may be made without the approval of the planning commission.

(e)

Dimensional requirements. The lot for each structure shall comply with the following dimensional area requirements:

(1)

Lot width. Each lot shall be not less than 60 feet wide at the front building line.

(2)

Lot area. The lot area for a single-family structure shall be not less than 7,200 square feet, and for a two-family structure shall be not less than 3,500 square feet per family, and for a multifamily structure shall be not less than 3,600 square feet each for the first three dwellings in the multifamily structure plus 1,200 square feet for each additional dwelling unit below four stories. If the structure is four stories or more, for each dwelling unit in addition to the first three, 600 square feet per unit shall be added. In all cases, not less than 50 percent of the lot area shall be provided as unobstructed open space.

(3)

Minimum front yard. All primary structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is the greater; provided, however, that where the height exceeds 45 feet the front yard setback distance shall be increased one foot for each increment of two feet in increased structure height above 45 feet up to the maximum height permitted.

(4)

Minimum side yards. For a single- and two-family structures there shall be two side yards to each lot; the minimum required side yard width shall not be less than ten percent of the lot width at the front building line but in no case shall it be less than six feet, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons. For multifamily and other permitted use structures there shall be a side yard on each side of the structure of not less than ten feet. For buildings more than 45 feet or three stories in height the side yard, in addition to complying with the preceding requirements, shall add one foot for each additional five feet in height above 45 feet.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet, and for structures more than 45 feet or three stories in height, in addition to complying with the preceding requirements, one foot shall be added for each increment of two feet in increased structure height above 45 feet up to the maximum permitted height.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed three stories or 45 feet in height, provided, however, that where the provisions of the yard requirements and additions thereto are complied with, the building may be increased in height, provided that no building shall exceed a height of 90 feet.

(7)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-unit dwelling. Each unit shall contain a gross floor area of not less than:

a.

Single-family, 600 square feet;

b.

Two-family, 600 square feet; and

c.

Apartments, efficiency, 240 square feet, other apartments, 350 square feet.

(f)

Off-street parking. Each dwelling unit shall provide at least one off-street parking space. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-4, 3-26-62; Ord. No. 4056, § 1, 4-24-72; Ord. No. 5013, § 1, 10-8-79)

(a)

Description of district. The R-5 group or terrace housing district is intended for a planned development area of not less than one-half of the previously platted block under consideration or 35,000 square feet, whichever is the largest.

(b)

Purpose of designation procedure. Under the standard provisions of this chapter a separate ground area, referred to in this chapter as the lot, may be designated, provided and continuously maintained for a structure or portion of a structure. Pursuant to the procedure hereinafter set forth several lots may be combined into one special plan covering a planned building group. The procedure is intended to permit diversification in the location of residential structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned building groups and to permit the construction of low-cost private housing of good standards and quality.

(c)

Limitations on designation procedure. The procedure hereinafter set forth shall not waive thereby any regulations for any district except the regulation that a separate ground area, herein called the lot, may be designated, provided and continuously maintained for a structure or portion of a structure when separately owned from the other structures or portion of a structure. The designation of any area as R-5 may be accomplished as provided in this chapter, in an action started by the planning commission, or upon application by interested parties, prior to the submission and approval of a special plan for the development of terrace and row housing. A zoning certificate may not be issued until such special plan is approved by the planning commission.

(d)

Application for approval. All applications for approval of a special plan hereunder shall be filed with the planning commission by the owner or owners of the entire land area to be included within the special plan, the owner or owners of all structures then existing on said land area and all incumbrancers of said land area and structures; shall contain sufficient evidence to establish that the applicants are the owners and all the incumbrancers of the designated land and structures; shall contain such information and representations required by this chapter as are deemed necessary by the commission; and shall include plats and plans showing at least the following details drawn to scale:

(1)

The land area which would be included within the special plan, the present zoning classification of the designated area, the land area of all abutting districts and the present zoning classification thereof, all public and private rights-of-way and easements bounding and intersecting the designated area and the abutting districts which are proposed to be continued, created, relocated and/or abandoned, and the proposed finished grade of the designated area, shown in contour intervals of not to exceed two feet;

(2)

A description of the proposed lot and the boundaries thereof;

(3)

The location of each existing and proposed structure in the designated area, the use or uses to be contained therein, the number of stories, gross floor area and approximate location of entrances and loading points thereof;

(4)

The location of all outside facilities for waste disposal:

(5)

All curb cuts, driving lanes, parking areas, loading areas, public transportation points and illumination facilities for the same;

(6)

All pedestrian walks, malls, courts, parks, playgrounds and open areas for use by residents or members of the public;

(7)

The location and height of all walls, fences and screen planting;

(8)

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations;

(9)

The location of fire hydrants;

(10)

The gross floor area for residences;

(11)

The net residential density.

(e)

Site facilities. All special plans hereunder shall make due provisions for:

(1)

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, and prevent erosion and the formation of dust:

(2)

Design of streets as follows: All buildings in an R-5 zone shall abut or have access to a dedicated street. All streets shall be accepted pursuant to the provisions of the city subdivision regulations, except the commission may waive the minimum width of 50 feet right-of-way and the pavement from 27 feet back of curb to back of curb. All culs-de-sac shall have an 80-foot-diameter paved area in order to accommodate emergency vehicles;

(3)

Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, facilities for waste disposal and illumination;

(4)

Adequate amount and proper location of pedestrian walks, malls, courts and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls, courts and public transportation loading places from general vehicular circulation facilities;

(5)

Arrangement of buildings, vehicular circulation and open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic;

(6)

Proper arrangement of lighting devices with respect to traffic control devices and adjacent residential districts;

(7)

An adequate amount and safe location of play areas for children and other recreational areas according to the concentration of occupancy.

(f)

Minimum spacing between buildings; orientation of main window exposures and entrances. The following required spacing between buildings shall be measured perpendicularly from any exterior wall exposing windows or an entranceway; it does not apply in corner-to-corner placement of buildings where perpendicular wall exposures do not overlap.

(1)

In buildings containing multiple dwelling units, walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposure, shall be so arranged as to avoid undue exposure to nearby through trafficways or undue exposure to concentrated loading or parking facilities, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings;

(2)

A building wall exposing both windows and an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 35 feet;

(3)

Any open court area which otherwise complies with standards of minimum spacing and open area of window exposure must, in any case, leave at least 25 percent of its perimeter free and unobstructed for access by emergency vehicles;

(4)

A building group must be so arranged that any building is accessible by emergency vehicles.

(g)

Permitted uses. In the R-5 district only those uses specified under R-5 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted providing they comply fully with the limitations on home occupations as specified in the general regulations (section 118-191):

(1)

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

(2)

Foster family home (not more than four children simultaneously).

(3)

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold).

(4)

Tutoring (not more than four students simultaneously).

(5)

Fine arts studio in which are created only individual works of art.

(6)

Rooming or boarding of not more than two persons.

(h)

Dimensional requirements. The lot shall comply with the following dimensional area requirements:

(1)

Lot width. Each interior lot for row or terrace housing shall be not less than 20 feet, and each end lot in a row or terrace housing unit shall be not less than 37 feet, six inches wide, except that where the end lot is adjacent and lengthwise to a street, no building or structure will be permitted within the 25-foot building setback area.

(2)

Lot area. Each interior lot of a row or terrace housing unit shall be not less than 2,500 square feet and shall provide not less than 50 percent of the lot area as unobstructed open space. Each end lot of a row or terrace housing unit shall be not less than 4,500 square feet and shall provide not less than 50 percent of the lot area as unobstructed open space. Single-family and two-family structures shall maintain lot areas as specified in residential zones R-3 and R-4.

(3)

Minimum front yard. Where row or terrace house front onto a street, or court, or open space, the setback distance shall be not less than 25 feet from the front property line, or as required in other ordinances, whichever is greater. In the case of a lot having frontage on two streets which do not intersect on the lot boundaries, then the front yard requirements shall be met on both streets.

(4)

Minimum side yards. For single-family and two-family structures there shall be two side yards to each lot. The minimum required side yard width shall not be less than ten percent of the average lot width, but in no case shall it be less than six feet, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons. For the end lot of a row or terrace housing unit there shall be one side yard of at least 15 feet or greater where needed to maintain the minimum 35-foot spacing between buildings.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed 2½ stories or 35 feet in height.

(7)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-unit dwelling. Each single-unit dwelling shall contain a gross floor area of not less than 600 square feet, excluding steps, porches or carports.

(i)

Off-street parking. Each single-family and two-family lot shall provide at least one off-street parking space. Each row or terrace lot shall have one off-street parking space; provided, however, that this space need not be on the lot with the structure, but shall in no case be located more than 200 feet away from the structure. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in R-5 district.

(j)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-5, 3-26-62; Ord. No. 4062, § 1, 4-24-72)

(a)

Description of district. The R-6 single-family medium-density district is composed of single-family medium-density areas of the city, plus certain open areas where similar residential developments appear likely to occur. The regulations for this district are designated to encourage controlled medium-density single-family dwellings and to afford a means whereby good homes can be sold at lower prices, to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life and to promote orderly planning and development of land uses by prohibiting all activities of a commercial nature in this district, except certain prescribed home occupations controlled by specific regulations, plus certain uses which are adjunct to residential areas, such as schools, parks, churches and certain public facilities.

(b)

Limitation of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied by only one principal structure which shall be a single-family dwelling unit or other permitted use structure, and such accessory buildings as are clearly incidental and normal to the permitted use and operated and maintained by the owner of the lot; provided, however, that no accessory building shall be a residence.

(d)

Permitted uses. In the R-6 district only those uses specified under R-6 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that the following home occupations will be permitted, providing they comply fully with the limitations on home occupations as specified in the general regulations (section 118-191):

(1)

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings.

(2)

Laundering, pressing.

(3)

Office (any office in which chattels or goods, wares or merchandise are not created, exchanged or sold).

(4)

Tutoring (not more than four students simultaneously).

(5)

Fine arts studio in which are created only individual works of art.

(e)

Dimensional requirements. The lot for each structure shall comply with the following dimensional area requirements:

(1)

Lot width. Each interior lot shall be not less than 45 feet wide at the front building line, and each corner lot shall be not less than 55 feet wide at the front building line.

(2)

Lot area. The lot area for a single-family structure shall not be less than 5,000 square feet and shall provide not less than 50 percent of the lot as unobstructed open space.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is the greater.

(4)

Minimum side yards. There shall be two side yards to each lot. The minimum required side yard width shall not be less than ten percent of the average width of the lot at the front building line and in no case be less than six feet with eight feet the maximum; except that any side yard abutting a street shall be at least 15 feet unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons. However, in those instances where lot size would mandate the maximum side yard setbacks, the landowner may elect to reduce the size of one side yard, provided the other side yard is increased by the same amount and provided, further, that the reduced side yard meets the minimum size requirement set forth hereinabove.

(5)

Maximum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed 2½ stories or 35 feet in height.

(7)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(8)

Minimum size of single-family dwelling unit. Each single-family dwelling unit shall contain a gross floor area of not less than 600 square feet, excluding porches, steps and carports.

(f)

Off-street parking. Each dwelling unit shall provide at least one off-street parking space. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.1-6, 3-26-62; Ord. No. 3297, § 1, 5-27-63; Ord. No. 6349, § 1, 8-14-89)

(a)

Description of district. The RT-1 mobile home park and mobile home subdivision district is composed of areas containing mobile homes, rental spaces in a mobile home park or lots for sale in a mobile home subdivision.

(b)

Dimensions of mobile home parks. Minimum area of tract shall be eight acres for a mobile home park and ten acres for a mobile home subdivision. Minimum width of tract, for portions used for general vehicular entrances and exits only (other than alleys and service entrances), shall be 50 feet; for portions containing mobile home stands and buildings open generally to occupants minimum width shall be 100 feet. The tract shall comprise a single plot except where the total property includes separate parcels for necessary utility plants with permanent rights-of-way and easements for connection and access or for other structures necessary to the park, but not open generally to the occupants, provided that all lands involved shall be so dimensioned and related as to facilitate efficient design and management.

(c)

Spaces per acre in mobile home park. There shall not be more than nine mobile home spaces per acre in the mobile home park.

(d)

Spaces per acre in mobile home subdivision. There shall not be more than seven spaces per acre in a mobile home subdivision.

(e)

General site requirements.

(1)

Physical character of the site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence or slipping of soil, or other dangers, annoyances or inconveniences.

(2)

Location must be in appropriate existing general land use zone.

(3)

The developer must offset any additional public expense involved in extending or expanding public utilities or facilities to serve the site.

(4)

The limits of each mobile home lot shall be clearly marked on the ground by permanent flush stake markers or other suitable means. Location of lot limits on the ground shall be approximately as shown on the accepted plans. The degree of accuracy obtainable by working with a scale on the plan and then a tape on the ground is acceptable.

(f)

Common recreation spaces. There shall be eight percent of the gross area for common recreation space. The minimum area of any common recreation area shall be 10,000 square feet, and the minimum width of any such area shall be 80 feet. Such recreation area shall be no nearer than 25 feet to any property line. Each required common recreation area shall be appropriately graded, turfed or otherwise landscaped and provided with suitable drainage facilities. The recreation area in a mobile home park shall be maintained by the owner. The recreation area in a mobile home subdivision shall be dedicated to the city, or maintained by a homeowners' association.

(g)

Accessory commercial uses. In a mobile home park containing at least 50 dwelling units, there may be provided for the convenience of the residents of the development accessory commercial area, provided that such commercial areas meet the following conditions:

(1)

The area devoted to commercial purposes shall not exceed ten percent of the gross area.

(2)

No commercial use shall be closer to a property line than 25 percent of the average width or depth of a lot or tract in an R district outside the development.

(3)

Any commercial use shall be governed by the requirements of the C-2 district, but shall present no visible evidence of its commercial character from any R district outside the park.

(h)

Design of streets.

(1)

Alignment. The standards of the subdivision regulations for the city shall apply as to horizontal and vertical alignment of all interior streets.

(2)

Street widths. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

a.

Two-way, with no parking: 20 feet back to back of curb.

b.

Two-way, with parking on one side only: 27 feet back to back of curb.

c.

Two-way, with parking on both sides: 34 feet back to back of curb.

d.

The right-of-way shall be the same as pavement with a ten-foot utility easement on each side.

(3)

Street widths at access points. At points where general traffic enters or leaves the park street widths shall be sufficient to permit free movement from or to the stream of traffic on the public street, and no parking shall be permitted which in any way interferes with such movement. Where substantial pedestrian movement from and to the park is anticipated, sidewalks shall be provided in such a manner as to eliminate use of roadway surface by pedestrians at access points.

(i)

Street pavement. Street pavements shall conform in material and construction to the standards for street paving of the subdivision regulations for the city except as to street pavement width as specified above.

(j)

Parking and driveways.

(1)

Size of off-driveway spaces. The minimum size for each parking space off-driveway shall be nine feet wide and 20 feet long.

(2)

Size of off-street parking bays. The size of off-street parking bays shall be as shown in the following table:

(3)

Parking ratio. Parking facilities shall be provided at the rate of at least two car spaces for each mobile home lot.

(4)

Location. Required car parking spaces shall be located for convenient access to the mobile home stands. Insofar as practicable one car space shall be located on each lot and the remainder located in adjacent parking bays.

(5)

Corner radii. All corner radii shall be 15 feet.

(k)

Pedestrian circulation.

(1)

Individual walks. Individual walks shall be provided to each mobile home stand from the paved street or from a paved driveway or parking space connecting to a paved street.

(2)

Common walks. Common walks shall be provided in locations where pedestrian traffic is concentrated, for example at the court entrance and to the court office and other important facilities. Common walks should preferably be through interior areas removed from the vicinity of streets.

(3)

Walkway width. Common walks shall be at least three feet wide.

(l)

Patios. Each mobile home stand shall be provided with a patio of at least 180 square feet to provide appropriate outdoor living space. Patios may be omitted when the patio's equivalent is provided by mobile home models.

(m)

Yards and distances between stands and structures.

(1)

Determination of side yards. Side yard width shall be measured from the required mobile home stand to the individual mobile home lot line. Minimum front yard shall be 15 feet. The minimum side yard shall be 7.5 feet and the minimum back yard shall be ten feet. Expandable rooms, enclosed patios, garages or structural additions shall be included in the mobile home stand area.

(2)

Distance across streets. The distance from the line or corner of any mobile home stand to any stand on the opposite side of a street shall be 50 feet minimum.

(3)

Yards abutting common areas. The distance from the line or corner of the mobile home stand to a street pavement, a common parking area, a common walk or other common area shall be 15 feet minimum.

(4)

Distance to court boundaries. The distance from the line or corner of any mobile home stand to a boundary line of the mobile home court shall not be less than 15 feet. Special protection acceptable to the city shall be provided by walls, solid or louvered fencing, or open fencing with appropriate planting, at a minimum distance of 15 feet from the mobile home stand.

(n)

Length of residential occupancy. No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.

(o)

Other regulations. In addition to complying with the requirements of this Code, any mobile home park shall comply with the rules and regulations of the Arkansas state board of health pertaining to mobile home parks and to the mobile home ordinance of the city.

(p)

Applicability of subdivision regulations. Mobile home subdivisions shall use the procedures in the city subdivision regulations except right-of-way widths, setback requirements and minimum lot sizes. This chapter shall govern these requirements. On preliminary plats the location of all mobile homes shall be shown.

(Ord. No. 3171, § 702.1-8, 3-26-62; Ord. No. 3781, § 1, 11-24-69)

Certain areas of the city are designated as commercial districts. These districts are designed to permit the transaction of the various types of business in separate areas, and in surroundings conducive to the particular type of business, without interference to surrounding areas and developed to avoid traffic congestion, traffic hazards and with ample parking. It is intended that each district should provide for good traffic and pedestrian circulation, eliminating all possible conflicts between the two, and the developing of open spaces, landscape, green and planted areas of sufficient size and number to enhance each business and create in the city centers of outstanding beauty, convenience and attractiveness.

(Ord. No. 3171, § 702.2(A), 3-26-62; Ord. No. 3696, § 1, 9-9-68)

The designation of an area as a C-1, C-2, C-3, C-4 or C-5 district may be accomplished as provided in this chapter, in action started by the planning commission, or upon applications by interested parties. In the latter case, there shall be presented a preliminary development plan which shall be the basis for the development plan, and shall show all street rights-of-way, proposed zone, boundaries, and location and general type use for all buildings. In all cases, before any designation is given, there shall be a public hearing as provided for in section 118-40. The designation of an area as a commercial zone shall cause the conditions and requirements set forth in sections 118-223 and 118-224 hereof to come into full force and effect. Such designation shall not create any right to erect or alter any structures or to apply for a permit therefor, nor shall such right exist until the filing, approval and registration of a commercial development plan as hereinafter set forth. Whenever a failure to comply with the provisions of this subdivision occurs, no permit shall be issued for the erection or alteration of any structures in the area and all issued permits therefor shall be terminated and cancelled until the area included within the area has been examined by the commission and zoned or rezoned for its most appropriate use. Any applicant for the designation of an area as a C-1, C-2, C-3, C-4 or C-5 district, whether under disability or otherwise and including the successors and assigns thereof, shall be deemed conclusively to have assented to all of these conditions.

(Ord. No. 3171, § 702.2(B), 3-26-62)

(a)

The provisions of this section shall apply to all areas designated as commercial districts C-2, C-3, C-4 or C-5 after the effective date of this chapter and shall apply to all new commercial districts hereafter designated whether by action originated by the planning commission or by action originated by application of interested parties; and further the provisions of this section shall apply under the circumstances listed hereunder to areas designated herein as commercial districts which on the date of the passage of this chapter were developed and improved:

(1)

Whenever such district is increased;

(2)

Whenever a structure containing or intended for a permitted use is to be erected or the floor area of such structure then existing is to be increased;

provided, however, that the provisions of this section shall apply under these circumstances only to the additional land area added and only to the structures erected or altered.

(b)

Within not more than 12 months from the effective date of any subsequent ordinance designating an area development as a commercial district, a complete development plan covering the area zoned shall be filed with the planning commission by the owner or owners and the developers of the area accompanied by sufficient evidence to establish that the applicants are the owners and the developers of the designated land and structures. The development plan may be based, in whole or part, on the provisions of section 118-313, Planned building groups, and if so based shall comply with all requirements of that section. Upon, but not before, the approval and registration of the development plan as hereinafter set forth, the applicants for a development plan shall be entitled to apply for permits and certificates as are made necessary by the plan for compliance to this section. Upon request and valid reasons for delay, an extension of time may be granted by the commission in increments of six months up to a maximum of four extensions.

(c)

The development plan shall be certified by the applicants and shall show in exact and final detail the following details to scale:

(1)

The land area included within the area, the land of all abutting districts and the zoning classification thereof, public rights-of-way and easements bounding and intersecting the area and for 500 feet within the abutting districts which are proposed to be continued, created, relocated and/or abandoned;

(2)

The estimated starting and completion dates for the construction of all structures and improvements within the district;

(3)

The proposed finished grade of the district, shown to contour intervals of not to exceed one foot;

(4)

A description of the proposed lot or lots and the boundaries thereof;

(5)

The location of each existing and each proposed structure in the area, the use or uses to be contained therein, the number of stories, gross floor area for each structure and location of all entrances and loading points;

(6)

The location of all outside facilities for waste and garbage disposal;

(7)

All curb cuts, driving lanes, parking areas, loading areas, public transportation points and illumination facilities for the district;

(8)

All pedestrian walks, malls and open areas for use by tenants or members of the public;

(9)

The location, height and type of all walls, fences and screen planting;

(10)

The location, size, height, type and orientation of all signs other than signs flat on building facades;

(11)

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations, and the landscaping plan;

(12)

The location of fire hydrants.

(d)

All development plans filed hereunder shall be reviewed for completeness by the administrative office. If the plans are found to be complete and all requirements met, they shall be approved in writing. In the case of disapproval, it shall go before the planning commission and if the commission disapproves they shall be notified in writing of the reasons for the disapproval, and in all cases, giving due notice to the applicants.

(e)

After completing its review of a development plan, the commission shall return one approved copy of the plan and all pertinent data, together with a notice of recommendation, to the applicants. All approved development plans shall be registered as hereinafter set forth.

(f)

Upon approval of the development plan, the commission shall register a copy thereof among its records.

(Ord. No. 3171, § 702.2(C)—(H), 3-26-62)

On a lot of record shown on a plat or deed recorded prior to the adoption of this chapter, or where the lot is adjoined on both sides with lots with structures thereon or on a lot is adjoined on one side by a street and on the other by a lot with a structure thereon, the minimum lot width at the building line and minimum lot area may be waived by the planning commission staff, providing that the intended structure is in full compliance with all other requirements of this chapter. In no case, however, shall a lot width of less than 20 feet be permitted or a lot area of less than 2,500 square feet be permitted.

(Ord. No. 3171, § 702.2(I), 3-26-62)

(a)

Notwithstanding any other provisions contained with this chapter, all uses listed as permitted within the zoning classifications C-1, C-2 and C-5 are permitted uses only between the hour of 6:00 a.m. and 10:00 p.m. Authority to operate between the hours of 10:01 p.m. and 5:59 a.m. may be obtained by application for special use as set forth within article II of this chapter.

(b)

This section shall be prospective in operation, it being the express intent of the city council to exempt from its provisions regarding application for special use, existing ongoing entities operating between the hours of 10:00 p.m. and 6:00 a.m. as of August 12, 1991.

(Ord. No. 6542, §§ 1—3, 8-12-91)

(a)

Permitted structures. Each service station lot shall have at least one front line and shall be occupied only by structures and accessory buildings as are clearly incidental and normal to the operation of service stations.

(b)

Dimensional requirements.

(1)

Lot area. The lot area shall not be less than 14,000 square feet, of which 60 percent shall remain as unobstructed open space; provided, however, that this open space may be used for parking and landscaped areas.

(2)

Minimum front yard. The main structure shall be set back 40 feet from each front property line. The pump islands shall be set back not less than 15 feet from each front property line; provided, however, if a canopy is used the forwardmost part may not extend any closer than 12 feet from each front property line.

(3)

Side yards. No side yard is required for the primary structure. Pump islands, including canopies, shall not be less than 15 feet from any side lot line.

(4)

Minimum rear yard. There shall be a rear yard having a depth of not less than 20 feet; provided that, where the rear lot line abuts an alley, then the minimum rear yard requirement shall be a depth of not less than 15 feet.

(5)

Maximum height. No building hereafter erected or structurally altered shall exceed 28 feet in height; provided, however, that cooling towers and other structural units necessary for the functioning of the use shall be permitted to exceed this height, provided that no building shall exceed a height of 35 feet.

(6)

Location of accessory buildings. No accessory building except pump islands and/or canopies shall be located in any required front yard, or within 15 feet of any lot line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(7)

Screens. All service stations shall provide a screen between abutting residential zones and C-1 business areas, so as to protect these areas by day and by night from unreasonable disturbance by movement of people or vehicles, and from lights, noises or exposure to views not compatible with these areas. Such screens shall be pleasing in design and of a substantial material, easily maintained.

(c)

Off-street parking. An area equal to the gross floor area but in no case less than five parking spaces shall be provided.

(d)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except street name signs, fire hydrants, street lighting poles, a pole or support installed to display a trademark sign provided it does not obstruct the view of traffic at the intersection, and associated appurtenances thereto shall be permitted within this area.

(e)

Used car sales and trailer rentals. No used car or other related type sales shall be permitted. Trailer rentals will be permitted in zones C-2, C-3, C-4 and C-5 only; provided, however, the storage of said trailers is properly screened from all abutting properties.

(f)

Enclosure requirement. All major repair work shall be in an enclosed area.

(g)

Curb cuts and safety islands. Curb cuts and safety islands shall be in accordance with the regulations of the city engineer.

(h)

Signs. All signs shall meet the requirements of the sign ordinance as amended.

(Ord. No. 3171, § 702.2-0, 3-26-62; Ord. No. 3666, § 1, 3-11-68)

(a)

The construction of commercial structures which may be owned under the provisions of the Arkansas Horizontal Property Act (A.C.A. § 18-13-101 et seq.) is hereby permitted, provided the planning commission shall designate such setback requirements for front, rear and side property lines, such parking requirements, such landscaping and lighting requirements, and grant such waivers thereto as it may deem fit and proper for the betterment of the city, and provided, further, that no major changes in the approved plans may be made without resubmission to the planning commission.

(b)

Prior to the issuance of any building permit for the construction of a so-called condominium unit or horizontal property unit authorized under and by virtue of the Horizontal Property Act (A.C.A. § 18-13-101 et seq.), a copy of the master deed and plans shall be attached to the master deed as required by A.C.A. §§ 18-13-104, 18-13-105 shall be filed with and approved by the appropriate city officials as required for all other construction projects.

(c)

Notwithstanding any other provision in any other ordinance to the contrary, it is hereby determined and found that in no event shall developments under this chapter or under the Horizontal Property Act (A.C.A. § 18-13-101 et seq.) be in violation of the zoning ordinances of the city.

(Ord. No. 3171, § 702.2-1a, 3-26-62; Ord. No. 4543, § 1, 8-11-75; Ord. No. 4558, §§ 1, 2, 9-22-75)

(a)

Description of district. The C-1 quiet business district is composed of certain lands and structures used primarily to provide office space for uses related to professional type services either for the residents of nearby residential areas or characterized by a low volume of direct daily customer contact. Usually this district is located on thoroughfares, characteristically is small in size and is usually situated between business and residential areas. The regulations are designed to permit development of the functions specified under C-1 in the list of permitted uses, limited by standards designed to protect surrounding residential districts. To these ends the regulations establish standards comparable to those for residential districts, resulting in similar open space and building bulk and retaining the low concentration of pedestrian and vehicular traffic.

(b)

Limitation of external effects of uses. Within not more than two years from the date on which this chapter is passed, every use shall be made to comply with the limitation of external uses outlined in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front line and shall be occupied only by one structure containing a permitted use and such accessory buildings as are clearly incidental and normal to the permitted use, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the C-1 district only those uses specified under C-1 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(e)

Dimensional requirements. The lot for each permitted use shall comply with the following dimensional area requirements:

(1)

Lot width. Each lot shall be not less than 60 feet wide at the front building line.

(2)

Lot area. The lot area shall be not less than 7,200 square feet, and shall provide not less than 50 percent of the lot area as unobstructed open space.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 25 feet from the front property line or as required in other ordinances, whichever is greater.

(4)

Minimum side yards. There shall be two side yards to each lot. The minimum required side yard shall be not less than ten percent of the width at the front building line, but in no case shall it be less than six feet, with eight feet the maximum required, except that any side yard abutting a street shall be at least 15 feet, unless under the master street plan, as existing or amended, or other ordinance a greater setback is required for the purpose of street widening or for other reasons.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(6)

Maximum height. No building hereafter erected or structurally altered shall exceed 2½ stories or 35 feet in height.

(7)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height and construction.

(8)

Screens. All C-1 uses shall provide an approved screen between abutting residential areas, so as to protect these areas by day and night from unreasonable disturbance by movement of people or vehicles, and from noises or exposure to views not fully compatible with residential areas. Such screens should permit the passage of air and be of pleasing design.

(f)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in C-1 district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersections, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(h)

Planned building groups. The provisions of section 118-313, Planned building groups, may be applied in the C-1 district.

(Ord. No. 3171, § 702.2-1, 3-26-62)

(a)

Description of district. The C-2 local shopping center district is composed of certain lands that should be a minimum of one acre in size and structures used primarily to provide the retailing of commodities classed by merchants as convenience goods. The volume of pedestrian traffic in proportion to automobile traffic in the district is much higher than in other retail business districts. This district characteristically is small, almost always is surrounded by residential districts and is located at a convenient walking distance from the edges of the surrounding residential districts it is designed to serve. The regulations are designed to permit development of the functions specified in the list of permitted uses, limited by standards designed to protect the surrounding residential districts. To these ends, the regulations establish standards comparable to those for residential districts, resulting in similar building bulk and retaining the relatively low concentration of vehicular traffic as compared to other retail business districts. Of great importance is the necessity that the areas selected for this district actually be developed as permitted. To ensure the provision of essential retail services to a neighborhood, the privilege of providing these services is matched by the responsibility and duty to so provide. Consequently, the right to develop this district may be lost if actual development does not occur. In some instances, this district may not be located pending the development of sections of the city and may therefore be considered a floating zone; however, once such a zone is established in any area of the city, and the need for neighborhood shopping facilities having been met, the district shall be fixed and no further applications for such zones will be considered in that area.

(b)

Permitted structures. Each lot shall have at least one front line and shall be occupied by one structure containing permitted uses, and such accessory buildings as are clearly incidental and normal to the permitted use, provided, however, that it shall not be a residence.

(c)

Permitted uses. In the C-2 district only those uses specified under C-2 in the list of permitted uses, section 118-134 of these regulations, will be permitted, provided such uses are operated only at retail and shall not be operated as commercial wholesale.

(d)

Dimensional requirements. The lot for each structure shall comply with the following dimensional and area requirements:

(1)

Lot width. Each lot shall be not less than 80 feet wide at the front building line.

(2)

Lot area. The lot shall be not less than one acre in area, and shall provide not less than 60 percent of the area as unobstructed open space, except for use as an off-street parking space.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 40 feet from each front property line, or as required in other ordinances, whichever is the greater. At least one additional foot of setback shall be provided for each foot that a building on the lot exceeds 35 feet.

(4)

Minimum side yard. No side yards are required except where the zone abuts a residential area, in which case a side yard of 15 feet is required on the side or sides abutting the residential area. In all other cases where side yards are provided they shall be not less than eight feet in width.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 20 feet; provided that, where the rear lot line abuts an alley and the property on the other side of the alley is not within a residential zone, then the minimum rear yard requirement shall be a depth of not less than 15 feet. Where the rear lot line abuts onto a street the rear building line shall be the building setback line established for that street.

(6)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within five feet of any lot line, that is not a street line, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(7)

Screens. All C-2 uses shall provide a screen between abutting residential or C-1 business areas, so as to protect these areas by day and by night from unreasonable disturbance by movement of people or vehicles, and from lights, noises or exposure to views not compatible with these areas. Such screens shall be pleasing in design, and of substantial material, easily maintained.

(e)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district.

(f)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the area formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(h)

Planned building groups. The provisions of section 118-313, Planned building groups, shall be in full force and effect in the C-2 district.

(i)

District designation and development plan provisions. The provisions of the general regulations for commercial districts, sections 118-221 through 118-224 inclusive, shall be in full force and effect in the C-2 district.

(j)

Antique and furniture auction houses. No antique and furniture auction house doing business in a C-2 zone shall conduct public auctions between the hours of 6:00 p.m. and 9:00 a.m., or conduct any auction or hold items for inventory or display for sale outside the physical structure comprising the auction house.

(Ord. No. 3171, §§ 502.006a, 702.2-2, 3-26-62; Ord. No. 3914, § 1, 4-26-71; Ord. No. 4716, § 2, 1-24-77)

(a)

Description of district. The C-3 community shopping district is composed of certain land and structures used primarily to provide the retailing of commodities classed by merchants as general apparel and furnishings. The volume of pedestrian traffic in proportion to automobile traffic entering the district is relatively low. This district is usually located on a major arterial highway, characteristically is large, and should be at least three acres in area, almost always is entirely surrounded by residential or C-1 districts and is located at a convenient driving distance from the edges of the surrounding residential districts it is designed to serve. The regulations are designed to provide for development of the permitted uses limited by standards designed to protect the abutting or surrounding residential districts. To these ends, the regulations establish standards comparable to those for residential districts, resulting in similar building bulk and retaining as low a concentration of vehicular traffic as is compatible with the functioning of the district. Of great importance is the necessity that the areas selected for this district actually be developed as permitted. To ensure the provision of essential major retail services to a community, the privilege of providing these services is matched by the responsibility and duty to so provide. Consequently, the right to develop this district may be lost if actual development does not occur.

(b)

Permitted structures. Each lot shall have at least one front property line and shall be occupied only by structures containing permitted uses and such accessory buildings as are clearly incidental and normal to and are operated and maintained by the owner as tenant of the permitted use, provided, however, that it shall not be a residence.

(c)

Permitted uses.

(1)

In the C-3 district only those uses specified under C-3 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(2)

Notwithstanding any other provision of this chapter to the contrary, the temporary display of mobile homes, boats, cars, farm implements and similar items is a permitted use in the C-3 zoning district if approval is obtained from the director of the planning commission and a special permit is obtained from the revenue officer of the city. The special permit allows such use for a period of seven days at the location specified in the permit and is renewable for an additional period of seven days upon approval of the planning director. The fee for the permit is $25.00 for the first four days and $5.00 for each day thereafter.

(d)

Dimensional requirements. The lot for the C-3 commercial district shall comply with the following dimensional and area requirements:

(1)

Lot area. The lot area shall be not less than 130,680 square feet of which 60 percent shall remain as unobstructed open space; provided, however, that this open space may be used for parking and landscaped areas.

(2)

Minimum front yard. All structures shall be set back a distance of not less than 40 feet from each front property line, or as required in other ordinances, whichever is the greater; provided, however, that, where the height of any building exceeds 45 feet as permitted under these district regulations, the front yard setback shall be increased at least one foot for each foot of increased structure height above 45 feet.

(3)

Side yards. No side yard is required except where the zone abuts a residential area, in which case a side yard of 15 feet is required on the side or sides abutting the residential area; provided, however, that where the zone abuts a street the side yard setback established for that street shall be maintained, or the setback shall be as required by other ordinances, whichever is greater. In all other cases where side yards are provided they shall be not less than eight feet in width; provided, however, that, where the height of any building exceeds 45 feet as permitted under these district regulations, the side yard setback shall be increased one foot for each increment of five feet of increased structure height above 45 feet up to the maximum permitted height.

(4)

Minimum rear yard. There shall be a rear yard having a depth of not less than 20 feet; provided that where the rear lot line abuts an alley and the property on the other side of the alley is not within a residential zone, then the minimum rear yard requirement shall be a depth of not less than 15 feet. Where the rear lot line abuts onto a street the rear building line shall be the building setback line established for that street.

(5)

Location of accessory buildings. No accessory buildings shall be located in any required front or side yard, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(6)

Screens. All C-3 uses shall provide a screen between abutting residential or C-1 business areas, so as to protect these areas by day and by night from unreasonable disturbance by movement of people or vehicles from lights, noises or exposure to views not compatible with these areas. Such screens shall be pleasing in design, and of a substantial material, easily maintained.

(e)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in C-3 district.

(f)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(g)

Planned building groups. The provisions of section 118-313, Planned building groups, shall be in full force and effect in the C-3 district.

(h)

District designation and development plan provisions. The provisions of the general regulations for commercial districts, sections 118-221 through 118-224 inclusive, shall be in full force and effect in the C-3 district.

(Ord. No. 3171, § 702.2-3, 3-26-62; Ord. No. 3914, § 1, 4-26-71; Ord. No. 4300, §§ 1, 2, 12-10-73)

(a)

Description of district. The C-4 district is a recognition of the unfortunate commercial strip development which has occurred along some of the highways in the city. The purpose of this district is to contain this commercial strip development, to permit infilling of vacant areas within the zone and by establishing standards of development to encourage owners and tenants to improve their properties, to remove some of the hazards that this type of development create and to promote developments that are pleasing to see, and to fit into the overall city and business pattern. The creation of this district is a recognition of what is and it should not be used to extend into other areas commercial strip development. This district is composed of certain land and structures used primarily to provide retailing and personal and recreational services and temporary housing, for nonresidents of the district and transients using the main arterial highways, to provide business services in support of the primary activities in the central business district and to provide locations for certain limited light industrial activities which require a higher degree of protection than is afforded in industrial districts. As a secondary function retailing and personal services may be provided to residents of nearby areas. The volume of pedestrian traffic in proportion to automobile traffic is relatively low. This district is usually located paralleling arterial highways or in areas adjacent to the central business district. Characteristically, it is large, and sometimes abuts residential districts. The regulations are designed to allow completion of development for permitted functions, limited by standards designed to protect the surrounding residential districts and to create well-designed and pleasing areas along highways. To these ends, the regulations establish standards retaining as low an intensity of use and concentration of vehicles as is compatible with the functioning of the district.

(b)

Permitted structures. Each lot shall have at least one front line and shall be occupied only by one structure containing a permitted use and such accessory buildings as are clearly incidental and normal to the permitted use, provided, however, that it shall not be a permanent residence.

(c)

Permitted uses. In the C-4 district only those uses specified under C-4 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(d)

Dimensional requirements. The lot for each permitted use shall comply with the following dimensional area requirements:

(1)

Lot width. Each lot shall be not less than 100 feet wide at the front building line.

(2)

Lot area. The lot area shall be not less than 10,000 square feet, and shall provide not less than 50 percent of the area as unobstructed open space.

(3)

Minimum front yard. All structures shall be set back a distance of not less than 40 feet from the front property line or as required in other ordinances, whichever is the greater. At least one additional foot of setback shall be provided for each foot that a building on the lot exceeds 35 feet.

(4)

Side yards. No side yards are required except where the zone abuts a residential area, in which case a side yard of 15 feet is required on the side or sides abutting the residential area; provided, however, that where the zone abuts a street the side yard setback established for that street shall be maintained or the setback shall be as required by other ordinances, whichever is greater. In all other cases where side yards are provided they shall be not less than eight feet in width.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than 20 feet; provided that, where the rear lot line abuts an alley and the property on the other side of the alley is not within a residential zone, then the minimum rear yard requirement shall be a depth of not less than 15 feet. Where the rear lot line abuts onto a street the rear building line shall be the building setback line established for that street.

(6)

Location of accessory buildings. No accessory building shall be located on any required front or side yards, or within five feet of any lot line, that is not a street line. Fences up to 96 inches in height may be erected along any boundary of the side yards or rear yard from the rear of the lot forward to the rear of the main structure. A fence 60 inches in height may be erected along the side yards from the rear of the main structure forward to the front building line. Any fence or screen constructed in the required front yard must have planning commission approval as to location, height, material and construction.

(7)

Screens. All C-4 uses shall provide a screen between abutting residential or C-1 business areas, so as to protect these areas by day and by night from unreasonable disturbance by movement of people or vehicles, and from lights, noises or exposure to views not compatible with these areas. Such screens shall be pleasing in design, and of a substantial material, easily maintained.

(e)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in this district. Owners and tenants will be encouraged to develop well-located and landscaped joint parking areas.

(f)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in this district.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(h)

Planned building groups. The provisions of section 118-313, Planned building groups, shall be in full force and effect in the C-4 district.

(i)

District designation and development plan provisions. The provisions of the general regulations for commercial districts, sections 118-221 through 118-224 inclusive, shall be in full force and effect in the C-4 district.

(Ord. No. 3171, § 702.2-4, 3-26-62; Ord. No. 3914, § 1, 4-26-71)

(a)

Description of district. The C-5 central business district is composed of certain land and structures used primarily to provide retailing and personal and business service of all kinds satisfying the needs of transients generally and of the residents, business and industry of the metropolitan area and the outlying trade area, plus wholesaling and limited manufacturing in support of the primary functions. The volume of pedestrian traffic in proportion to the volume of automobile and public transit traffic entering the district is very low. This district is located at the area of convergence of the main arterial highways and transit lines, is large, is usually surrounded by nonresidential districts or by high-density residential districts and is centrally located with respect to the metropolitan area. The regulations are designed to permit a highly concentrated, intensive development of the permitted facilities, limited by standards designed to provide light and air for street exposures of buildings in the district and to protect the district itself from over-intensive development of land coverage and over-congestion as related to the ultimate capacity of common public facilities which serve the entire district. Because transit facilities are centered in this district and because the provision of off-street parking is a recognized, separate business enterprise, the regulations do not require the furnishing of off-street parking space; but in the interest of the individual business venture and the central business district as a whole, individuals or groups are encouraged to provide adequate off-street parking. Where extensions, redevelopment or new areas of this C-5 district are proposed and they exceed 100,000 square feet in area, then the owners and developers shall submit a complete development plan for the extension, redevelopment or new area, as provided for in the general commercial provisions. Although existing downtown areas have developed without benefit of setbacks, off-street parking areas or landscaping, all owners and tenants in downtown areas are encouraged to incorporate these improvements in any individual or group development of lots in the downtown C-5 district.

(b)

Permitted structures. Each lot shall have at least one front line and shall be occupied only by structures containing permitted uses, and such accessory buildings as are clearly incidental and normal to the permitted use.

(c)

Permitted uses. In the C-5 district only those uses specified under C-5 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(d)

Dimensional requirements. The lot for each permitted use shall comply with the following dimensional and area requirements:

(1)

Lot width. Each lot shall be not less than 25 feet wide at the front building line.

(2)

Lot area. The lot area shall be not less than 2,500 square feet.

(3)

Minimum front yard. There shall be no front yard requirements for the C-5 district other than the following:

a.

A front yard is required where other ordinances require a setback.

b.

A front yard is required in compliance with the provisions of an adjoining district where a part of the frontage is in a district requiring front yards.

c.

If a building on a lot exceeds 90 feet in height, all buildings on the lot will be set back from the property line at least one foot for each foot that a building on the lot exceeds 90 feet in height.

(4)

Minimum side yards. No side yards shall be required under this chapter, but they shall be provided if required under other ordinances or in compliance with the provisions of an adjoining district where a part of the side yard is in that district. If a side yard or yards are provided, they shall be not less than eight feet in width.

(5)

Minimum rear yard. There shall be a rear yard having a depth of not less than ten feet, provided, however, that this yard may be built over by upper floors of the same structure at a height of not less than 15 feet from the alley or adjacent street level, and further provided that, where the rear yard abuts a street which has a front yard requirement, this setback shall be maintained.

(6)

Maximum gross floor area of structures. The sum total of the gross floor area of all structures on a lot, including garage space, shall not be greater than ten times the area of the lot on which the structures are located.

(7)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be of no force and effect in this C-5 district, unless otherwise mentioned herein.

(8)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in this district.

(9)

Planned building groups. The provisions of section 118-313, Planned building groups, may be applied in the C-5 district.

(10)

District designation and development plan provisions. The provisions of the general regulations for commercial districts, sections 118-221 through 118-224 inclusive, shall be in full force and effect in the C-5 district.

(Ord. No. 3171, § 702.2-5, 3-26-62; Ord. No. 3914, § 1, 4-26-71)

Certain areas of the city are designated as industrial zone districts. These areas are established in locations where they will not interfere with other types of districts and will provide suitable sites for development of good industrial areas. The standards developed herein are intended to protect industrial uses and to ensure the continuing stability of land values by:

(1)

Providing ample, uncongested space and circulation for all industrial users.

(2)

Protecting each owner or tenant so that he may obtain maximum convenience, safety, economy, view, identity and amenity in relation to adjacent sites and in relation to the industrial zone district as a whole.

(3)

Providing for adequate space for access parking, off-street loading, internal circulation, landscaping, utilities and adequate space protection for light and air, for insulation of noise and vibration, and for police and fire protection.

(4)

Providing for safe and uncongested traffic and pedestrian movements both on and off the lots.

(5)

Providing through careful landscaping a pleasant environment in which to work and providing shade and protection from sun and light glare and providing windbreaks.

(Ord. No. 3171, § 702.4, 3-26-62)

Within not more than two years from the date on which this chapter becomes effective, every use in an industrial district shall be made to comply with the following limitations:

(1)

Enclosure of uses. Every use, unless expressly exempted by this chapter, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by a symbol appearing after any use exempted. For all uses exempted from total enclosure the lot will be so developed and screened so that it will present an attractive appearance from all approaches.

(2)

Emission of sound, heat, etc. All lots and structures will be developed and operated in a manner that will to the greatest extent practicable protect surrounding lots from the emission of sound, vibration, heat, glare, radiation and fumes emitted from any operation, and shall in no case emit any of these nuisances in a dangerous degree.

(3)

Storage of flammable or explosive materials. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision. Where the permitted industry by its nature requires storage of flammable or explosive liquids, solids or gases, it shall locate only in the zone district specified herein and shall meet all of the distance requirements hereinafter specified.

a.

Liquified petroleum gas, where permitted, shall be stored no closer to any boundary line of a lot on which it is located than the following minimum distances:

b.

Flammable liquids (fire prevention code class I, II and III), where permitted, shall be stored no closer to any boundary line of a lot on which they are located than the following minimum distances:

c.

Explosives, where permitted, shall be stored no closer to any boundary line of the lot on which they are located than the following distances:

Railroad rights-of-way abutting a lot may be part of the required setback hereinabove set forth.

(4)

Outdoor storage and waste disposal. The following regulations shall apply to all industrial zone districts:

a.

All outdoor storage facilities for fuel, raw materials and products, wrecking, storage or dismantling of vehicles or parts, junkyards and uses of a similar nature shall be enclosed by a screen fence or wall adequate to conceal such facilities from adjacent property and from public streets and highways.

b.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by normal natural causes or forces, and such materials shall not be allowed to pollute a watercourse, stream, lake or underground water supply.

c.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

(Ord. No. 3171, § 702.4-1.1, 3-26-62)

No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied in an industrial district except for either one or several of the permitted uses and lawful accessory uses thereto. Any permitted use shall observe all of the following conditions:

(1)

All yards and open areas shall be properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, oil, lawns or any other dustfree surfacing, and maintained in good condition, free of weeds, dust, trash and debris.

(2)

Any permitted use shall be provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies.

(3)

Any permitted use shall be provided with entrances and exits so located as to minimize traffic congestion. Where entrances and exits are intended for use by trucks, lanes shall be at least 12 feet wide and the radius of the curve at the pavement edge of the entrance or exit shall be at least 35 feet.

(4)

Any permitted use shall provide sufficient internal circulation and turning space on the lot so that no vehicle will have to maneuver on any public right-of-way in order to gain access to or exit from any lot, or to load or unload from any structure on the lot or for any other reason.

(5)

Any permitted use must provide and maintain a landscaped strip at least ten feet wide along all street property lines, exclusive of drives and walks, and such landscape should not interfere with sight distances or block needed view of buildings or their identification.

(6)

Any permitted use shall be provided with barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a lot line abutting a residential lot or separated therefrom by a street.

(7)

Lighting facilities shall be so arranged that they neither unreasonably disturb occupants of adjacent properties nor interfere with traffic.

(Ord. No. 3171, § 702.4-1.2, 3-26-62)

Incidental only to a permitted use, any use which complies with all of the following conditions may be operated as an accessory use in an industrial district:

(1)

The use is clearly incidental and customary to and commonly associated with the operation of the permitted use.

(2)

The use is operated and maintained under the same ownership or by lessees or concessionaires thereof, and on the same lot as the permitted use.

(3)

The use does not include structures or structural features inconsistent with the permitted use.

(4)

The use does not include residential occupancy except by caretakers or watchmen.

(5)

If operated partially or entirely in detached structures, such detached structures shall be limited to a gross floor area of not more than 20 percent of the gross area of the principal structure.

(6)

If operated partially or entirely within the structure containing the permitted use, the gross floor area within such structure utilized by accessory uses (except garages, loading docks and company dining rooms) shall not be greater than ten percent of the gross floor area of the structure containing the permitted use by right.

(Ord. No. 3171, § 702.4-1.3, 3-26-62)

Belt courses, sills, lintels, cornices, eaves, gutters, stoops and building accessories designed and intended to control light and glare entering the building, and not being a permanent part of such building by being supported from the ground, may extend three feet into any setback space without being considered in violation of the setback requirements of the industrial zone districts.

(Ord. No. 3171, § 702.4-1.4, 3-26-62)

(a)

Description of district. The I-1 community industrial park district is composed of certain lands located between general industrial or commercial uses and quiet residential areas and of certain other lands so located that residential development is in close proximity. The regulations of this district are intended to provide structural standards, standards of intensity of use and standards of external effects compatible with the surrounding residential districts. To these ends, development standards are established to encourage those industries and wholesaling activities which can be operated in a clean and quiet manner, plus certain public facilities which are needed to serve the occupants of the district and residents of adjoining residential districts, and to establish pleasant community industrial parks.

(b)

General conditions. The general conditions applying to all zone districts and the general conditions applying to industrial zone districts shall be in full force and effect in the I-1 district.

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied only by structures containing permitted uses and such accessory buildings as are clearly incidental and normal to and are operated and maintained by the owner or tenant of the permitted use, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the I-1 district, only those uses specified under I-1 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(e)

Dimensional requirements. The lot for an I-1 industrial district shall comply with the following dimensional requirements:

(1)

Minimum front yard. All structures shall be set back a distance of not less than 30 feet from each front property line, or as required in other ordinances, whichever is greater; provided, however, that, where the height of any structure exceeds 35 feet as permitted under these district regulations, the front yard setback shall be increased one foot for each increment of five feet of increased structure height above 45 up to the maximum permitted height.

(2)

Minimum side yards. There shall be two side yards to each lot. The minimum required side yard width shall not be less than ten percent of the lot width at the front building line, but in no case shall it be less than 15 feet, except that any side yard abutting a street shall be at least 25 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons, provided, however, that when structures on abutting lots share a common rail facility extending along the side of the building the side yard on that side of the building may be reduced with the commission's approval to facilitate common usage of the railroad spur. Where the height of any structure exceeds 35 feet as permitted under these district regulations, the side yard setback shall be increased one foot for each increment of five feet of increased structure height above 45 up to the maximum permitted height.

(3)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(4)

Maximum height. No building hereafter erected or structurally altered shall exceed three stories or 45 feet in height; provided, however, that chimneys, vents, air conditioning towers, accessory water towers and elevator shafts, all clearly accessory to the main structure, shall be permitted to exceed this height limitation up to but not exceeding 25 percent of the total permitted height, and that no illuminated sign, name, display or advertising device of any kind whatsoever shall be inscribed or attached to any portion of any structure exceeding the height limitations.

(5)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within 25 feet of any street or within ten feet of any lot line, that is not a street line, unless otherwise provided for herein. Fences up to 84 inches in height may be erected along any boundary line of the side yards or rear yard from the front building line to the rear lot line and along the rear lot line, except where the rear lot line abuts a street, and such fences shall not be deemed structures for the purpose of this section.

(6)

Lot coverage. On each lot there shall be 40 percent of the total lot area retained as clear and unobstructed open space, provided, however, that such open space may be used for parking areas and access roads, further provided that such parking areas and access roads do not encroach on any required landscaped areas.

(f)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in the I-1 district.

(g)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in the I-1 district.

(h)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(i)

Planned building groups. The provisions of section 118-313, Planned building groups, shall have no force and effect in the I-1 district.

(Ord. No. 3171, § 702.4-2, 3-26-62)

(a)

Description of district. The I-2 light industrial park district is composed of certain lands so situated as to be suitable for industrial development, but where the modes of operations of the industry will directly affect nearby residential and business uses. The purpose of the district is to permit the normal operations of industries, subject to those regulations needed to control congestion and to protect nearby residential and business districts.

(b)

General conditions. The general conditions applying to all zone districts and the general conditions applying to industrial zone districts shall be in full force and effect in the I-2 district.

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied only by structures containing permitted uses and such accessory buildings as are clearly incidental and normal to and are operated and maintained by the owner or tenant of the permitted use, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the I-2 district only those uses specified under I-2 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(e)

Dimensional requirements. The lot for an I-2 industrial district shall comply with the following dimensional requirements:

(1)

Minimum front yard. All structures shall be set back a distance of not less than 30 feet from each front property line, or as required in other ordinances, whichever is the greater; provided, however, that where the height of any main structure exceeds 35 feet as permitted under these district regulations the front yard setback shall be increased one foot for each increment of five feet of increased structure height above 45 feet up to the maximum permitted height.

(2)

Minimum side yards. There shall be two side yards to each lot. The minimum required side yard width shall not be less than ten percent of the lot width at the front building line, but in no case shall it be less than 15 feet, except that any side yard abutting a street shall be at least 25 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons; provided, however, that when structures on abutting lots share a common rail facility extending along the side of the building the side yard on that side of the building may be reduced, with commission approval, to facilitate common usage of the railroad spur. Where the height of any structure exceeds 35 feet as permitted under these district regulations, the side yard setback shall be increased one foot for each increment of five feet of increased structure height above 45 feet up to the maximum permitted height.

(3)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet.

(4)

Maximum height. No building hereafter erected or structurally altered shall exceed six stories or 60 feet in height; provided, however, that chimneys, vents, air conditioning towers, accessory water tower and elevator shafts, all clearly accessory to the main structure, shall be permitted to exceed this height limitation up to but not exceeding 25 percent of the total permitted height, and that no illuminated sign, name, display or advertising device of any kind whatsoever shall be inscribed or attached to any portion of any structure exceeding the height limitations.

(5)

Location of accessory buildings. No accessory building shall be located on any required front or side yard, or within 25 feet of any street or within ten feet of any lot line, that is not a street line, unless otherwise provided for herein. Fences up to 84 inches in height may be erected along any boundary line of the side yards or rear yard from the front building line to the rear lot line and along the rear lot line, except where the rear lot line abuts a street, and such fences shall not be deemed structures for the purpose of this section.

(6)

Lot coverage. On each lot there shall be 60 percent of the total lot area retained as clear and unobstructed open space, provided, however, that such open space may be used for parking areas and access roads, further provided that such parking areas and access roads do not encroach on any required landscaped areas.

(f)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in the I-2 district.

(g)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in the I-2 district.

(h)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(i)

Planned building groups. The provisions of section 118-313, Planned building groups, shall have no force and effect in the I-2 district.

(Ord. No. 3171, § 702.4-3, 3-26-62)

(a)

Description of district. The I-3 industrial park district is composed of industrial areas of the city and is downwind from residential and business areas. Regulations are the minimum required for mutual protection of the industrial users, and, to that end, the district should not be adjacent to any residential or business district, if such abutment can possibly be avoided. The district is intended to provide good and attractive sites for industrial uses, to encourage a high standard of industrial development, and/or to encourage the location of industries requiring the use of water and/or river transportation.

(b)

General conditions. The general conditions applying to all zone districts and the general conditions applying to industrial zone districts shall be in full force and effect in the I-3 district.

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied only by structures containing permitted uses and such accessory buildings as are clearly incidental and normal to and are operated and maintained by the owner or tenant of the permitted use, provided, however, that it shall not be a residence.

(d)

Permitted uses. In the I-3 district only those uses specified under I-3 in the list of permitted uses, section 118-134 of these regulations, will be permitted, except that certain uses in the I-3 industrial zone may be permitted only after two-thirds vote of the entire membership of the planning commission:

Abattoir

Acid manufacturing

Ammonia manufacturing

Ammunition manufacturing

Animal boarding

Animal breeding (commercial)

Animal hospitals

Bones: reduction or distillation

Coal mining

Dead stock collectors

Dog pound

Explosives, manufacturing

Explosives, storage and distribution

Fat rendering

Fireworks or explosives, manufacturing

Fur preparation (tanning)

Raw hides warehouse

Garbage, reduction, scavenging

Glue manufacturing

Grease and tallow manufacturing

Gunpowder manufacturing

Hide and tallow manufacturing

Horses, dog and cat hospital

Hydrochloric acid manufacturing

Incineration of animals and garbage

Kennels

Livestock, slaughter

Picric acid, manufacturing

Raw hides and skins, treatment

Reduction of garbage, offal

Rendering works

Rubbish removal, private equipment

Slaughterhouses

Tallow rendering

Tanneries

(e)

Dimensional requirements. The lot for an I-3 industrial district shall comply with the following dimensional requirements:

(1)

Minimum front yard. All structures shall be set back a distance of not less than 40 feet from each property line, or as required in other ordinances, whichever is the greater; provided, however, that, where the height of any main structure exceeds 50 feet as permitted under these district regulations, the front yard setback shall be increased one foot for each increment of five feet of increased structure height above 50 feet up to the maximum permitted height.

(2)

Minimum side yards. There shall be two side yards to each lot. The minimum required side yard width shall not be less than ten percent of the lot width at the front building line, but in no case shall it be less than 20 feet, except that any side yard abutting a street shall be at least 30 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons; provided, however, that when structures on abutting lots share a common rail facility extending along the side of the building the side yard on that side of the building may be reduced, with the commission's approval, to facilitate common usage of the railroad spur. Where the height of any main structure exceeds 50 feet as permitted under these district regulations, the side yard setback shall be increased one foot for each increment of five feet of increased structure height above 50 feet up to the maximum permitted height.

(3)

Minimum rear yard. There shall be a rear yard having a depth of not less than 30 feet.

(4)

Maximum height. No building hereafter erected or structurally altered shall exceed eight stories or 90 feet in height, provided, however, that chimneys, vents, air conditioning towers, accessory water towers and elevator shafts, all clearly accessory to the main structure, shall be permitted to exceed this height limitation up to but not exceeding 25 percent of the total permitted height, and that no illuminated sign, name, display or advertising device of any kind whatsoever shall be inscribed or attached to any portion of any structure exceeding the height limitations.

(5)

Location of accessory buildings. No accessory buildings shall be located on any required front or side yard, or within 40 feet of any street or within 20 feet of any lot line, that is not a street line, unless otherwise provided for herein. Fences up to 84 inches in height may be erected along any boundary line of the side yards or rear yard from the front building line to the rear lot line and along the rear lot line, except where the rear lot line abuts a street, and such fences shall not be deemed structures for the purpose of this section.

(6)

Lot coverage. On each lot there shall be 60 percent of the total lot area retained as clear and unobstructed open space, provided, however, that such open space may be used for parking areas and access roads, further provided that such parking areas and access roads do not encroach on any required landscaped areas.

(f)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in the I-3 district.

(g)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in the I-3 district.

(h)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(i)

Planned building groups. The provisions of section 118-313, Planned building groups, shall have no force and effect in the I-3 district.

(Ord. No. 3171, § 702.4-4, 3-26-62; Ord. No. 3221, § 1, 11-19-62)

(a)

Statement of purpose. It is the intent of this section to encourage developments with superior living environments brought about through unified development and to provide for the application of design ingenuity in such developments while protecting existing and future surrounding developments and achieving the goals of the comprehensive plan of development for the city. The PUD planned unit development district herein established is intended to provide for greater flexibility in the design of buildings, yards, courts, circulation and open space than would otherwise be possible through the strict application of other district regulations, and to produce:

(1)

A maximum choice in the types of environment and living units available to the public;

(2)

Open space and recreation areas;

(3)

A pattern of development which preserves trees, outstanding natural topography and geologic features, and prevents soil erosion;

(4)

A creative approach to the use of land and related physical development;

(5)

An efficient use of land resulting in smaller networks of utilities and streets and thereby lowering costs;

(6)

An environment of stable character in harmony with surrounding developments; and

(7)

A more desirable environment than would be possible through the strict application of other sections of this chapter.

The PUD planned unit development district regulations are designed to provide for small- and large-scale developments incorporating a single type or a variety of residential, commercial and related uses which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Private or public common land and open space must be an essential and major element of the plan which is related to and affects the longterm value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with surrounding development.

(b)

Authority. The authority for the establishment of these regulations was granted by A.C.A. tit. 14, ch. 56, subch. 4 (A.C.A. § 14-56-401 et seq.).

(c)

Applicability. The PUD planned unit development district is created as a special zone and shall be so designated by a zone classification "PUD" with boundaries on the zoning district map. All lands within the corporate limits and such other lands outside the corporate limits over which the city exercises zoning jurisdiction as permitted by Arkansas Statutes shall be eligible for designation as a PUD. The standards, design criteria and procedures adopted herein are designed to enable the district to operate in harmony with the plan for land use and population density embodied in this chapter.

(d)

Standards of development.

(1)

Ownership control. The land in a planned unit development district shall be owned, leased or otherwise controlled by a person, firm, group of individuals, partnership, corporation or trust, provided assurances are given through the procedures contained herein that the project can be successfully completed.

(2)

Minimum district area. The minimum area for a PUD planned unit development district shall be three acres. In calculating the minimum area for a PUD district, the measurements shall include the area of all dedicated streets entirely within the boundary of the proposed PUD and one-half of the area of all boundary or perimeter streets.

(3)

Uses permitted. Property and buildings in a PUD district shall be as follows:

a.

Single-family attached and detached residences, two-family dwelling units and multiple-family dwelling units including triplexes, fourplexes, townhouses, row houses, garden apartments, condominiums and high-rises.

b.

Public and semipublic parks; and private common areas, playgrounds, landscaped areas and greenbelts maintained by a homeowners' association.

c.

Public uses such as schools and churches.

d.

Clubs and lodges; golf course and club.

e.

Docks and marinas.

f.

Public utility facilities and rights-of-way.

g.

C-1 and C-2 commercial uses.

(4)

Special permit uses.

a.

In addition to the above permitted uses by right, certain other uses may be permitted in accordance with the restrictions included herein. These uses more intensely dominate the area in which they are located than do other uses permitted in the PUD district and as such they require special considerations and restrictions. The following uses are designated as special permit uses:

1.

C-3 and C-4 commercial uses.

2.

I-1 and I-2 industrial uses.

b.

In applying for a special permit use to be included as a part of a PUD district, the applicant shall precisely indicate the specific use, its location, area to be included, building square footage and such other information as required by the planning commission to properly and comprehensively evaluate the nature and impact of such special permit use.

c.

Where such special permit uses are approved at the time of rezoning they shall not be subsequently changed to any other use until and unless they are changed to another use that is permitted by right, i.e. a C-1 or C-2 commercial use, or the new proposed use if not permitted by right in a PUD district is resubmitted for rezoning approval. No zoning permit for a change of use shall be issued by the planning commission for any such special permit use area or structure unless the above conditions are fully complied with.

(5)

Parking and off-street loading.

a.

Off public right-of-way parking shall be provided for each use within the PUD district in accordance with section 118-311, Off-street parking requirements, of this chapter.

b.

Off-street loading space shall be provided for each use within the PUD district in accordance with section 118-312, Off-street loading requirements, of this chapter.

(6)

Perimeter requirements. Notwithstanding any other provisions of this district, all uses of land or structures located on a lot within the PUD that are adjacent to the boundary of the PUD district or adjacent to any boundary or perimeter street right-of-way shall comply with the following:

a.

All residential uses and structures on the perimeter of this district shall meet the dimensional requirements of the district they abut.

b.

All commercial or other nonresidential uses and structures on the perimeter of this district shall meet the dimensional requirements of the C-1 commercial quiet business district.

(7)

Area and lot regulations. Uses of land and structures of the PUD district shall comply with the following:

a.

Every structure containing dwelling units shall have direct access to a public street, except for row or terrace housing, which may have access via a court, walkway or other area of common ownership that is owned and maintained by a homes association.

b.

No minimum lot size or setbacks shall be required for structures within this district. However, not less than 40 percent of the lot area must be retained as unobstructed open space.

c.

All unattached residential structures must be at least 12 feet in horizontal distance to any other structure.

d.

If any structures are closer than ten feet to another structure, then an approved firewall shall be installed.

(8)

Residential density standards. The maximum number of dwelling units permitted within a PUD district is dependent upon both the type and number of each type of residential units intended to be included in the PUD district. Micro densities within certain areas of the PUD may be beyond the overall limits through a transfer of density. However, overall project densities shall not be exceeded in accordance with the following schedule:

a.

Six dwelling units per net residential acre for single-family attached and detached houses and two-family dwellings.

b.

Twelve dwellings per net residential acre for triplexes, fourplexes and row or terrace housing.

c.

Twenty-two dwellings per net residential acre for low-rise (three stories or less) apartments.

d.

Thirty dwellings per net residential acre for high-rise (four stories or more) apartments.

For purposes of calculating density, net residential acres are defined as gross acres of the PUD site minus all public rights-of-way, and less the area of all parcels of lots devoted to commercial, industrial or institutional uses not of a residential nature. Common open space that is owned and maintained by a homeowners' association shall be included in calculating the net residential acres available for all dwelling units that automatically belong to such an association. Where more than one homeowners' association is to be created, then each common open space can only be attributed to the lots or dwellings which have automatic membership for that specific common open area.

(9)

Common open space requirements.

a.

Common open space constitutes an essential ingredient in a planned unit development and is one of the most basic and important design elements. Open space should be distributed more or less equitably throughout the PUD district in relationship to the dwelling units and areas that are intended to be served by the common open space. Common open space is composed of one or more parcels of land that are reserved for the use and enjoyment of all or a significant portion of the PUD residents and owned and maintained in common by them, usually through a homeowners' association. However, it is permissible for all or a portion of the common open space requirements included in this section to be met through the provision of public park lands within the PUD district. In such cases, however, all lands must comply with all of the regulations included herein as to size, location usability, etc., in order to qualify as meeting the requirements of this section. Also, in such cases it shall be the responsibility of the developer to obtain written approval in advance from the appropriate public agency or body responsible for public parks as to their willingness to accept dedication of such areas as public parks.

b.

The design criteria and regulations included herein are concerned with both the quantity and the quality of the open spaces that are to be provided. All of the various requirements must be complied with as follows:

1.

Minimum required amount. A minimum of 20 percent of all the net residential acres within the PUD district shall be designated for and devoted to common open space.

2.

Usability of open space. At least 70 percent of the total common open space required must be usable. Usable, for purposes of these regulations, is defined as that portion of the total open space required that complies with each and every one of the following criteria:

i.

Dimension. Each and every parcel or portion of a parcel that is designated as usable shall not contain less than 10,000 square feet and not less than 60 feet in its smallest dimension. Furthermore, the overall shape should be sufficiently geometric to be functionally usable.

ii.

Physical surface characteristics. Bodies of water or stream beds can account for not more than 40 percent of the total required open space; provided, however, that not more than 20 percent of the required usable open space is occupied by bodies of water or stream areas. At least 70 percent of the required usable open space shall have an overall finished grade not to exceed ten percent.

iii.

Location. Usable open space should be distributed more or less equitably throughout the PUD district in relationship to the number and types of dwelling units intended to be served by the common open space. All lots or parcels designated for residential purposes that are part of a homeowners' association enjoying common open spaces within the PUD shall be located not more than 1,000 feet from at least one parcel of usable open space; provided, however, that for residential lots designated for single-family detached dwellings that contain at least 6,000 square feet per lot there shall be no distance requirement to the open space.

iv.

Physical improvements allowed. Only recreational facilities or structures and their accessory uses shall be located in any usable open space areas. Walks, driveways and similar pathways are permitted and parking facilities may be included where such parking areas are associated with and accessory to recreational facilities or structures.

v.

Natural amenities. Developers are encouraged to include as part of the open space such areas that have unique or unusual natural assets including heavy tree growth, ravines and natural rock outcroppings. However, not more than 30 percent of the required usable open space can be left in a natural condition where such natural condition of the area would prevent active recreational activities.

3.

Preservation of open space. Adequate guarantees must be provided that the common open space areas as contained in the plan for the PUD district are preserved and maintained for those purposes only. A homeowners' association shall be required, if other arrangements satisfactory to the planning commission have not been made, for improving, operating and maintaining all such common open space areas. At the time the final plan and plat is submitted, the articles of incorporation and bylaws of the homeowners' association shall be reviewed and approved by the planning commission. Additionally, the restrictive covenants which run with the land must be submitted and include similar provisions to preserve all open space areas.

(e)

Procedure for obtaining PUD zoning. A three-step review procedure is required for obtaining PUD zoning and final approval of the final plan and plat. The first step involves a preapplication plan and conference which is designed to provide information to the local government of the developer's intention with respect to the nature and scope of the proposed PUD district and to allow the developer to be informed of the city's regulations and policies concerning development alternatives for the area. The second step involves submission of a formal application for rezoning of the area to a PUD district and simultaneous submission of a preliminary plat in accordance with the city subdivision rules and regulations. The last step involves submission of the final development plan and plat for approval and recording prior to commencing building construction. These steps are outlined below with respect to the procedure followed and submission requirements at each step:

(1)

Preapplication plan and conference.

a.

Procedure.

1.

A preapplication plan shall be submitted to the city planning commission for review of the area and proposed uses relative to the compatibility of a planned unit development project with existing development in the surrounding area and the comprehensive development plan of the city.

2.

Each applicant shall confer with the director of planning, the subdivision committee of the planning commission and interested department heads in connection with the preparation of the planned unit development application. It shall be the responsibility of the planning director to contact and invite these department heads to a joint meeting. The general outlines of the proposal, evidenced schematically by the preapplication plan and such other information as may be desired, is to be considered before submission of the planned unit development application.

3.

Upon review of the site plan and general area, and following completion of the preapplication conference, the department of planning shall furnish the applicant with written comments regarding the conference, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development application.

b.

Submission requirements. At the time of requesting a preapplication conference, the applicant shall submit a site plan and such other narrative or graphic information the applicant deems pertinent to the city's initial review and evaluation of the potential of the planned unit development district proposed. The preapplication plan shall include the following:

1.

Boundaries of the property involved;

2.

Existing zoning of the area and zoning of adjoining properties;

3.

Existing roadways, easements and waterways;

4.

Indication of availability of all utilities;

5.

General plan of development at a level of detail sufficient to indicate to the city the nature and scope of the project as to its magnitude in terms of approximate number and types of dwelling units, location and extent of nonresidential elements, proposed locations of major open space areas, and major circulation facilities.

(2)

Zoning application and preliminary plat.

a.

Application. After receiving written comments from the department of planning following the preapplication conference, the applicant may proceed in preparing a formal application for a planned unit development to the city planning commission. The application shall consist of a simultaneous submission of a preliminary plat and a rezoning application. The preliminary plat shall conform to all requirements contained in the city subdivision regulations with the exception of certain design requirements regarding lots, setbacks, etc., that are specifically exempted or modified by the provisions of this section. The application shall be processed following the procedure for a change of zone district boundary as outlined in this chapter.

b.

Public hearing. A public hearing shall be held for a change of zoning classification. At the same meeting in which the public hearing is held, the planning commission shall consider the preliminary plat also. Upon completion of the public hearing, the granting of a planned unit development district may be recommended for approval to the city council.

c.

Submission requirements. The applicant shall simultaneously submit both a preliminary plat and a rezoning application. The preliminary plat shall be prepared in a manner as prescribed in the city subdivision regulations. To form the basis for the rezoning application, a preliminary site plan shall be submitted and it shall include at least the following information:

1.

The proposed title of the project and the name of any engineer, architect, land planner, landscape architect or company responsible for various elements of the plan shall be included.

2.

The north point, scale and date shall be included.

3.

The boundaries of the property involved, all existing easements, section lines and property lines, existing streets, existing buildings, watercourses, waterways or lakes, and other existing physical features in and adjoining the project shall be included.

4.

The location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in and adjacent to the project shall be included.

5.

The topography of the project area with contour intervals as determined by the planning director shall be included.

6.

A general land use development plan of the area shall be included indicating the location of different land uses, dwellings by types and numbers, areas designated for commercial uses and other nonresidential uses, and areas proposed for open space and recreational use. For all residential areas, the site plan shall clearly indicate the type and number of dwellings to be located per parcel, lot or block in accordance with the preliminary plat. For all commercial or other nonresidential uses, the areas shall clearly be indicated in accordance with lots, parcels or blocks and each such parcel shall indicate the type of building proposed, number of stories and gross square footage to be included on each parcel. The boundaries of all open space areas shall be clearly indicated along with the form of proposed ownership, that is, by homeowners' association or public park or other legal entity, and, in such case where more than one homeowners' association is being created, documentation shall be clearly submitted as to which areas will have automatic membership into said associations. This requirement, however, shall not be interpreted as requiring a detailed site development plan which includes the exact boundaries and locations of all structures proposed for construction.

7.

All setback lines for all properties shall be shown.

8.

If the project is to be developed in more than one phase, the boundaries of each proposed phase shall be clearly indicated on the site plan map.

9.

Tabulations shall be submitted of the total number of gross acres in the project, and the acres and percentages thereof, proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, streets, parks, schools and other reservations.

10.

A tabulation of the total number of dwelling units by various types in the project and the total number of net residential acres within the project shall be included, or, if the project is to be developed in phases, by each phase within the project. The tabulation shall so indicate conformance of the proposed project or each phase within the project to the residential density standards for the PUD district.

11.

A tabulation of the total common open space required and the amount of common open space actually shown on the preliminary site plan shall be included. Additionally, such tabulation shall be furnished to indicate the amount of usable open space. The site plan map shall also clearly indicate those portions of the common open space that are usable in accordance with the criteria included herein.

(3)

Final plan and plat.

a.

Upon approval of the rezoning request by the city council, the applicant may proceed with preparation of the final plan and plat. The final plat shall meet all applicable requirements of the city subdivision regulations and shall be processed in accordance with those regulations. The final plan shall contain the same information as required in the preliminary plan. Additionally, a narrative description shall be provided of all tabulations and other documentation required on the preliminary plan. Furthermore, the applicant shall submit a written and graphic description of any modifications made to the final plan from the approved preliminary plan.

b.

If it is determined that no changes have been made from the preliminary plan or if only minor plan changes have been made in accordance with the definition provided hereinbelow in subsection (f) of this section, then the review by the city planning commission may proceed and the plat may be submitted to the planning commission for approval. If approved, the plat shall be filed in the county recorder's office.

(f)

Amendments. Amendments may be required either to the preliminary site plan or the final development plan. The procedure governing the disposition of amendments shall be as follows:

(1)

Amendments to the preliminary plan.

a.

At the time a final plan is submitted for review, it shall be determined whether or not any amendments have been made to the approved preliminary plan. If amendments have been made then a determination shall be required as to whether or not said amendments constitute a major or minor plan change. Modifications from the previously approved preliminary plan shall be deemed to be minor plan changes if any and all modifications by the applicant of the plan do not:

1.

Vary the total number of dwelling units by more than five percent;

2.

Involve a reduction of the area set aside for common open space or the substantial relocation of such area or areas;

3.

Increase by more than five percent the floor area proposed for any nonresidential use; and

4.

Substantially change the location of any nonresidential areas as shown on the preliminary plan.

Additionally, modifications in the location design of minor streets, culs-de-sac, alleys or facilities for water and for disposal of stormwater and sanitary sewage shall not be considered as major modifications.

b.

Notwithstanding anything in the foregoing, the planning commission may not permit changes beyond the maximum or minimum requirements set forth in this section.

c.

All other changes in the planned unit, including changes in the site plan and the development schedule, must be made under the procedures that are applicable to the initial approval of a planned unit.

(2)

Amendments to final development plan. The final development plan as submitted and approved may be amended in accordance with the following procedure. Minor changes may be authorized by the planning director, if required by engineering or other circumstances not foreseen at the time the final development program was approved. No change authorized by the planning director under this section, however, may either increase the total area devoted to any and all nonresidential uses, or decrease the amount of area devoted to common open space, or increase the total number of dwelling units located on any lot, block or parcel as approved in the final development plan. Notwithstanding any of these conditions, the planning director may not permit changes beyond the minimum or maximum requirements set forth in this section. All other changes in the planned unit, including changes in the site plan or the development schedule, must be made under the procedures that are applicable to the initial approval of a planned unit development.

(g)

Administration and enforcement.

(1)

Review standards. The department of planning shall investigate and ascertain that the plans for a planned unit development meet the following conditions:

a.

That the tract of land for the entire project comprises not less than three acres.

b.

That the project is in conformity with the requirements and standards of development of the planned unit development district and is consistent with the intent and purpose of this section.

c.

That the proposed project constitutes an environment of sustained desirability and stability and that it is in harmony with the character of the surrounding neighborhood.

d.

That the property adjacent to the proposed development will not be adversely affected.

(2)

Recorded plat and plot plan required. The proposed development shall follow all applicable procedures, standards, regulations and laws governing the subdivision of land. No zoning certificate for any structure shall be issued until a final plat of the proposed development or part thereof is approved and recorded and an approved plat plan has been submitted in accordance with section 118-38(d) of this chapter.

(3)

Phasing and development schedule.

a.

The applicant is permitted to construct the planned unit development in more than one phase or stage of construction. In such cases, the applicant shall clearly indicate on the site plan map the boundaries of each proposed phase. If the sequence of construction of various portions of the development is to occur in phases or stages, then the open space and/or recreational facilities must be developed or committed thereto in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the planning commission. Compliance with this provision, however, will be calculated in a cumulative manner, i.e., the open space required in any successive phase of development shall equal or exceed the requirement of the total number of units constructed through all phases.

b.

Additionally, the applicant shall submit a schedule of construction for the project or for each phase within the project indicating the sequence of development according to residential type and other nonresidential construction within the project. Upon adoption of the schedule of construction, the building inspector shall be responsible for enforcing this schedule. If he determines that the rate of construction of residential units or nonresidential structures differs from the construction schedule, he shall so notify the developer in writing; thereafter the building inspector may issue such orders to the developer as he sees fit, and upon continued violation of this subsection may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved.

(4)

Guarantee of completion. Before approval of the final development plan, the planning commission shall require a contract with safeguards satisfactory to the commission guaranteeing completion of the development plan for any single phase in a period to be specified by the commission, but which period shall not exceed five years unless extended by the commission.

(Ord. No. 3171, § 702.1-7, 3-26-62; Ord. No. 4543, § 1, 8-11-75; Ord. No. 4558, §§ 1, 2, 9-22-75; Ord. No. 4616, § 1, 2-27-76)

(a)

Description of district. The O-1 open lands district is composed of certain large open areas, land publicly owned and land suitable for the location of public buildings and certain public facilities. The regulations of this district are designed to retain the open character and settings desirable for public facilities and certain other compatible uses.

(b)

Limitation of external uses. Within not more than two years from the date on which the following provisions become effective, every use shall be made to comply with the limitation of external uses listed in the general regulations (section 118-161).

(c)

Permitted structures. Each lot shall have at least one front property line and shall be occupied by only one principal structure which may be a public building or facility, except that where the use is for a public park, a public recreational center, a public playground, an airport, or a port or harbor, or other similar facilities, as determined by the commission, several structures may be placed within the land area reserved for such public uses, provided that they are located in accordance with a development plan submitted to and approved by the commission in the manner prescribed under this chapter, and further provided that in these areas residences may be permitted provided that they are limited to those required by caretakers, police and similar personnel required to be present on the lands to provide protection and to safeguard the property.

(d)

Permitted uses. In the O-1 district only those uses specified under O-1 in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(e)

Uses by temporary permit. Upon application to and issuance by the planning commission of a permit therefor, the following uses may be operated as uses by temporary permit:

(1)

Bazaar, carnival and/or circus; provided, however, that each permit shall be valid for a period of not more than three days and shall not be renewed for more than three successive periods; and provided, further, that a period of at least 90 days shall intervene between the termination of one permit and the issuance of another permit for the same location.

(2)

A newspaper distribution station operated in accordance with all of the following standards: shall be maintained in a sightly condition with all papers, waste wrappers and newspapers stored, handled and distributed within a completely enclosed structure until removed from the premises, shall provide adequate on-the-premises storage for bicycles and shall prohibit unnecessary loitering on or about the premises; provided, however, that each permit shall be valid for a period of not more than one calendar year but may be renewed; and provided, further, that a failure to comply with any of the standards herein set forth shall be cause for revocation of any permit.

(3)

Noncommercial concrete batching plant, both incidental and necessary to construction in the district; provided, however, that each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than three successive periods at the same location.

(4)

Parking lot designated for a special event; provided, however, that each permit shall be valid only for the duration of the designated special event; and provided, further, that if the designated special event is a seasonal activity the permit may be valid for the entire season but shall be restricted in use to designated dates and times during which the event is occurring.

(5)

Sale at retail of Christmas trees and wreaths; provided, however, that no permit shall be effective prior to November 15 in each calendar year and no permit shall be valid for a period of more than 45 days.

(6)

Temporary building or yard for construction materials and equipment, both incidental and necessary to construction in the district; provided, however, that each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.

(7)

Temporary office, both incidental and necessary for the sale or rental of real property in the district; provided, however, that each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.

(f)

Dimensional requirements. The lot for the O-1 district shall comply with the following dimensional and area requirements:

(1)

Lot area. The lot area shall be not less than 175,000 square feet of which 60 percent shall be retained as unobstructed open space; provided, however, that this open space may be used for parking and landscaping areas, and recreational purposes.

(2)

Minimum front yard. All structures shall be set back a distance of not less than 40 feet from each front property line, or as required in other ordinances, whichever is the greater; provided, however, that, where the height of any building exceeds 45 feet as permitted under these district regulations, the front yard setback shall be increased one foot for each increment of five feet of increased structure height above 45 feet up to the maximum permitted height.

(3)

Minimum side yards. There shall be two side yards to each lot; the minimum required side yard width shall be not less than ten percent of the lot width at the front building line but in no case shall it be less than 15 feet, except that any side yard abutting a street shall be at least 20 feet, unless under the master street plan, as existing or amended, or other ordinances a greater setback is required for the purpose of street widening or for other reasons.

(4)

Minimum rear yard. There shall be a rear yard having a depth of not less than 25 feet; provided that where the rear lot line abuts an alley and the property on the other side of the alley is not within a residential zone, then the minimum rear yard requirement shall be a depth of not less than 15 feet. Where the rear lot line abuts onto a street the rear building line shall be the building setback line established for that street.

(5)

Maximum height. No building hereafter erected or structurally altered shall exceed 60 feet in height, provided, however, that cooling towers, elevator shafts, control towers and other structural units necessary for the functioning of the use shall be permitted to exceed this height, provided that no building shall exceed a height of 90 feet and further provided that the provisions of the yard requirements are met.

(6)

Location of accessory buildings. No accessory building shall be located on any required front or side yard, or within 20 feet of any street, or within five feet of any lot line, that is not a street line, except where an alley abuts the rear line of the lot detached accessory buildings not opening directly into the alley and fixtures for the disposal of trash and garbage may be set on the rear lot line, provided, however that in no case will a trash burner be located closer than ten feet to the line of any adjacent or abutting property. Accessory structures having access to the alley shall be set back five feet from the rear lot line. Fences up to 60 inches in height may be erected along any boundary line of the side yards or rear yard from the front building line to the rear lot line and along the rear lot line, except where the rear lot line abuts a street, and such fences shall not be deemed structures for the purpose of this section.

(7)

Screens. All O-1 uses shall provide a screen between abutting residential or C-1 business areas, so as to protect these areas by day and by night from unreasonable disturbance by movement of people or vehicles and from light, noises or exposure to views not compatible with these areas. Such screens shall be pleasing in design, and of a substantial material, easily maintained.

(g)

Off-street parking. The provisions of section 118-311, Off-street parking requirements, shall be in full force and effect in the O-1 district.

(h)

Off-street loading requirements. The provisions of section 118-312, Off-street loading requirements, shall be in full force and effect in this district.

(i)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(j)

Planned building groups. The provisions of section 118-313, Planned building groups, shall be in full force and effect in the O-1 district.

(Ord. No. 3171, § 702.5, 3-26-62)

(a)

Description of district. The floodprone district is composed of lands which have high water tables, have improper drainage, or are subject to periodic overflow. The district is established to protect the public health and to reduce the financial burdens imposed on the community, its governmental units and individuals, which may result from the improper use of such lands. The boundaries of these lands are established by the planning commission based on data received from the city engineer, the U.S. Army Corps of Engineers, and the Soil Conservation Service. In this district, it is felt that the problems of water table, improper drainage and periodic overflow can be solved through natural or manmade improvements, and that once these changes have been made and it can be demonstrated beyond doubt that the condition no longer exists, and that all drainage, sewer and other utility lines will operate efficiently under all conditions, and that all structures erected thereon will comply with all provisions of the building or other codes, then the district may be reclassified. Such determination and reclassification shall be made by the planning commission in consultation with the city engineer and such other agencies as may be interested in the reclassification of the said lands and the improvements proposed thereon, and shall be subject to the amending procedures set forth in this chapter. In order to assist in the development of the overall plan for the city and to encourage the proper use of land, the commission may establish the type of district for which the lands shall be deemed suitable upon correction of the basic problem, and such floodprone designation shall be followed by the designation of the appropriate district. This designation shall not give the right to develop such lands for the use, but shall only be a guide to the owner and the commission on the most appropriate use for the reclaimed land.

(b)

Limitation of external effects of uses. Within not more than two years from the date on which this chapter is passed, every use shall be made to comply with the limitation of external uses outlined in the general regulations (section 118-161).

(c)

Permitted structures. No structures shall be permitted in the floodprone district except those used in the operation of the permitted uses, and further providing that these structures do not cover more than five percent of the total lot area. In no case will a residential structure be permitted.

(d)

Permitted uses. In the floodprone district only those uses specified under "Floodprone" in the list of permitted uses, section 118-134 of these regulations, will be permitted.

(e)

Uses by temporary permit. Upon application to and issuance by the planning commission of a permit therefor, the following uses may be operated as uses by temporary permit:

(1)

Bazaar, carnival and/or circus; provided, however, that each permit shall be valid for a period of not more than three days and shall not be renewed for more than three successive periods; and provided, further, that a period of at least 90 days shall intervene between the termination of one permit and the issuance of another permit for the same location.

(2)

A newspaper distribution station operated in accordance with all of the following standards: shall be maintained in a sightly condition with all papers, waste wrappers and newspapers stored, handled and distributed within a completely enclosed structure until removed from the premises, shall provide adequate on-the-premises storage for bicycles and shall prohibit unnecessary loitering on or about the premises; provided, however, that each permit shall be valid for a period of not more than one calendar year but may be renewed; and provided, further, that a failure to comply with any of the standards herein set forth shall be cause for revocation of any permit.

(3)

Noncommercial concrete batching plant, both incidental and necessary to construction in the district; provided, however, that each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than three successive periods at the same location.

(4)

Parking lot designated for a special event; provided, however, that each permit shall be valid only for the duration of the designated special event; and provided, further, that if the designated special event is a seasonal activity the permit may be valid for the entire season, but shall be restricted in the use to designated dates and times during which the event is occurring.

(5)

Sale at retail of Christmas trees and wreaths; provided, however, that no permit shall be effective prior to November 15 in each calendar year and no permit shall be valid for a period of more than 45 days.

(6)

Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction in the district; provided, however, that each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.

(7)

Temporary office, both incidental and necessary for the sale or rental of real property in the district; provided, however, that each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location.

(f)

Structure setback. All structures must be set back at least 30 feet from all street right-of-way lines, or as required under other ordinances, whichever is the greater.

(g)

Corner visibility. On a corner lot, within the areas formed by the right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, there shall be no obstruction to vision between a height of two feet and a height of ten feet above the average grade of each street at the centerline thereof, except that street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

(Ord. No. 3171, § 702.6, 3-26-62; Ord. No. 5560, § 1, 8-22-83)